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Values and Disorder in Mental Capacity Law [Kõva köide]

4.00/5 (2 hinnangut Goodreads-ist)
(London School of Economics and Political Science)
  • Formaat: Hardback, 338 pages, kõrgus x laius x paksus: 229x152x21 mm, kaal: 658 g, Worked examples or Exercises
  • Sari: Cambridge Bioethics and Law
  • Ilmumisaeg: 27-Jun-2024
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1009482076
  • ISBN-13: 9781009482073
Teised raamatud teemal:
Values and Disorder in Mental Capacity LawSuurem pilt
  • Formaat: Hardback, 338 pages, kõrgus x laius x paksus: 229x152x21 mm, kaal: 658 g, Worked examples or Exercises
  • Sari: Cambridge Bioethics and Law
  • Ilmumisaeg: 27-Jun-2024
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1009482076
  • ISBN-13: 9781009482073
Teised raamatud teemal:
Püsilink: https://www.kriso.ee/db/9781009482073.html
Märksõnad:
"This inter-disciplinary book critiques the extent to which the Mental Capacity Act can deal adequately with the impact of mental disorder on autonomous decision-making. It will interest lawyers, legal scholars, medical practitioners, and policy makers working in this area, as well as students studying both law and medicine"--

This inter-disciplinary book critiques the extent to which the Mental Capacity Act can deal adequately with the impact of mental disorder on autonomous decision-making. It will interest lawyers, legal scholars, medical practitioners, and policy makers working in this area, as well as students studying both law and medicine.

This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law allows for judgments to be made about the nature of a person's values, without proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. In exploring the implications of this analysis, Auckland concludes that reforms are urgently needed to strengthen the Mental Capacity Act in this respect. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

Arvustused

'An accurate and comprehensive evaluation of the English mental capacity legal framework grounded in doctrinal analysis and supplemented by empirical research. Though the case law analysed will be largely familiar to those working in mental capacity law, Auckland's synthesis of the cases and related literature offers new insights into the gulf between the law and practice in this area.' Urania Chiu, Frontiers of Socio-Legal Studies

Muu info

Drawing on literature from law, philosophy and psychiatry, this book interrogates whether the law adequately addresses how disorder affects decision-making.
Introduction;
1. A value-neutral understanding of capacity;
2. An essential role for values in assessments of capacity;
3. Why disorder matters;
4. Accommodating values in the test of capacity;
5. Reflecting ambiguity on the cusp of capacity;
6. Softening the capacity cliff-edge; Conclusion; Appendices; Bibliography.
Cressida Auckland is Assistant Professor in Law at the Law School, London School of Economics and Political Science. Cressida's research focuses on mental capacity and end-of-life decision-making. She has published extensively on the topic of medical decision-making for minors, with her publications featuring in the Law Quarterly Review, Modern Law Review, Cambridge Law Journal and Medical Law Review. She is also an Associate Editor of the Journal of Medical Ethics, and an Academic Fellow of the Middle Temple.