With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.
The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.
By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
1. Introduction: Values, Participation, and Mental Capacity Laws in
International Comparative Perspective Camillia Kong, John Coggon, Penny
Cooper, Michael Dunn, Alex Ruck Keene
2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction
Rebecca Stickler
3. Mental Capacity Regimes Approach to Values and Participation in
Proceedings Involving Individuals With Impaired Decision-Making Capacity in
Scotland Jill Stavert
4. The Fusion Approach to Mental Capacity Law in Northern Ireland:
Possibilities and Challenges Gavin Davidson, Martin Daly, Moira Harper,
Danielle McIlroy and Lorna Montgomery
5. Judging Values in a Time of Transition: An Irish Perspective Mary
Donnelly
6. US Laws Relating to Decision-Making on Behalf of P Stephen Latham
7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law
Ruby Dhand
8. Capacity, Participation and Values in Australian Guardianship Laws
Cameron Stewart
9. Navigating Values in Aotearoa New Zealand Kris Gledhill
10. Values and Participation of Individuals Without Mental Capacity in Hong
Kong Daisy Cheung
11. Asian Values and Confucianism: How Ps Ability To Participate in Court
Proceedings in Singapore Is Influenced by Ps Cultural Milieu Yue-En Chong
12. Respect for the Will and Preferences of People With Mental Disorders in
German Law Tanje Henking and Matthé Scholten
13. The Place of Values and Ps Participation in Mental Capacity Law: Themes,
Synergies, and Tensions Camillia Kong, John Coggon, Penny Cooper, Michael
Dunn, Alex Ruck Keene
Camillia Kong is Senior Research Fellow at the Institute for Crime and Justice Policy Research at Birkbeck College and is the Principal Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.
John Coggon is Professor of Law at the Centre for Health, Law and Society at the University of Bristol and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.
Penny Cooper is Visiting Professor at the Institute for Crime and Justice Policy Research at Birkbeck College and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.
Michael Dunn is Associate Professor at the University of Oxford and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.
Alex Ruck Keene is a barrister at 39 Essex Chambers specialising in mental capacity, and Visiting Professor at the Dickson Poon School of Law at Kings College London. He is a consultant on the AHRC-funded Judging Values and Participation in Mental Capacity Law project.
