Supporting Legal Capacity in Socio-Legal Context

Supporting Legal Capacity in Socio-Legal Context
Author: Mary Donnelly
Publisher: Bloomsbury Publishing
Total Pages: 337
Release: 2022-03-10
Genre: Law
ISBN: 1509940359

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Supporting Legal Capacity in Socio-Legal Context

Supporting Legal Capacity in Socio-Legal Context
Author: Mary Donnelly
Publisher: Bloomsbury Publishing
Total Pages: 336
Release: 2022-03-10
Genre: Law
ISBN: 1509940367

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Supported Decision-Making

Supported Decision-Making
Author: Karrie A. Shogren
Publisher: Cambridge University Press
Total Pages: 323
Release: 2018-11-22
Genre: Law
ISBN: 1108475647

Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

Mental Capacity in Relationship

Mental Capacity in Relationship
Author: Camillia Kong
Publisher: Cambridge University Press
Total Pages: 276
Release: 2017-05-11
Genre: Education
ISBN: 1107164001

An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Socio-Legal Studies in Context

Socio-Legal Studies in Context
Author: Denis J. Galligan
Publisher: Wiley-Blackwell
Total Pages: 180
Release: 1995-06-08
Genre: Law
ISBN: 9780631196815

Socio-Legal Studies in Context is the first attempt to take stock of the development of socio-legal studies in the United Kingdom. With an increasing awareness amongst legal scholars of the need for socio-legal research, this volume is essential reading for all teachers of law and law related subjects. It will provide rich ideas for young researchers wishing to involve themselves in the socio-legal approach. The volume also provides an opportunity for more experienced researchers to look back and re-assess their own work and help them form their own plans for the future.

Socio-legal Studies

Socio-legal Studies
Author: Philip Aneurin Thomas
Publisher: Dartmouth Publishing Company
Total Pages: 376
Release: 1997
Genre: Law
ISBN:

This text on socio-legal studies is derived from the Socio-Legal Studies Association 1995 annual conference at Leeds University. It examines the definition of the term socio-legal and the boundaries in which the lawyers of this subject fit.

The Spaces of Mental Capacity Law

The Spaces of Mental Capacity Law
Author: Beverley Clough
Publisher: Routledge
Total Pages: 167
Release: 2021-10-21
Genre: Law
ISBN: 1000463834

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Routledge Handbook of Socio-Legal Theory and Methods

Routledge Handbook of Socio-Legal Theory and Methods
Author: Naomi Creutzfeldt
Publisher: Routledge
Total Pages: 566
Release: 2019-08-13
Genre: Law
ISBN: 0429489749

Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Disability, Care and Family Law

Disability, Care and Family Law
Author: Beverley Clough
Publisher: Routledge
Total Pages: 198
Release: 2021-04-13
Genre: Family & Relationships
ISBN: 1000375188

This book explores the series of issues that emerge at the intersection of disability, care and family law. Disability studies is an area of increasing academic interest. In addition to a subject in its own right, there has been growing concern to ensure that mainstream subjects diversify and include marginalised voices, including those of disabled people. Family law in modern times is often based on an "able-bodied autonomous norm" but can fit less well with the complexities of living with disability. In response, this book addresses a range of important and highly topical issues: whether care proceedings are used too often in cases where parents have disabilities; how the law should respond to children who care for disabled parents – and the care of older family members with disabilities. It also considers the challenges posed by the UN Convention on the Rights of Persons with Disabilities, particularly around the different institutional and state responsibilities captured in the Convention, and around decision-making for both disabled adults and children. This interdisciplinary collection – with contributors from law, criminology, sociology and social policy as well as from policy and activist backgrounds – will appeal to academic family lawyers and disability scholars as well as students interested in issues around family law, disability and care.