Supporting Legal Capacity in Socio-Legal Context

This collection explores the dilemma of how to support legal capacity in theory and practice, particularly for individuals with cognitive and psycho-social disabilities. It examines the difficulties in establishing effective and deliverable supported decision-making and highlights the need for a grounded understanding of how capacity operates in real-life contexts. The book takes a comparative and interdisciplinary approach, with contributions from scholars from various countries who have been directly involved in law reform processes.

Format: Hardback
Length: 336 pages
Publication date: 05 May 2022
Publisher: Bloomsbury Publishing PLC

This comprehensive collection brings together esteemed international socio-legal and medico-legal scholars to delve into the challenging dilemma of supporting legal capacity in theory and practice. Traditionally, decisions pertaining to individuals deemed to lack capacity are often made by others, often without considering the individual's perspective, particularly in cases involving cognitive and psycho-social disabilities. This book explores the complexities involved in establishing effective and practical supported decision-making approaches, ultimately concluding that capacity-related strategies must be grounded in a thorough understanding of its functioning within real-life contexts.

The central focus of the book is the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which unequivocally recognizes the equal right to legal capacity for individuals with disabilities. It mandates that States Parties support the exercise of this right. However, despite the CRPD's entry into force 10 years ago, the transition to legal frameworks for supported decision-making has remained at best partial. The collection comprises 16 chapters authored by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, each bringing a unique comparative and interdisciplinary perspective. Many of the contributors have firsthand experience in law reform processes within their respective home jurisdictions, allowing them to combine academic expertise with practical insights into the challenges of legal change.

The book begins by examining the historical and conceptual foundations of legal capacity, exploring the diverse perspectives and challenges associated with it. It then delves into the practical implications of supporting legal capacity, including the role of guardianship, advanced directives, and other legal instruments. The authors discuss the ethical considerations and dilemmas surrounding decision-making for individuals with disabilities, highlighting the importance of autonomy, respect, and dignity.

The collection further explores the role of technology and digital tools in supporting legal capacity, recognizing their potential to enhance accessibility, facilitate communication, and promote self-determination. It examines the challenges and opportunities presented by emerging technologies, such as artificial intelligence, virtual reality, and blockchain, in empowering individuals with disabilities to make informed decisions and exercise their legal rights.

Throughout the chapters, the authors draw upon empirical research, case studies, and legal frameworks to provide insights and recommendations for policymakers, practitioners, and individuals with disabilities. They emphasize the need for interdisciplinary collaboration, policy reform, and cultural change to promote inclusive and accessible legal systems that support the legal capacity of all individuals.

In conclusion, this collection offers a valuable contribution to the field of socio-legal and medico-legal studies. By exploring the complexities of supporting legal capacity, it sheds light on the urgent need for comprehensive and inclusive legal frameworks that empower individuals with disabilities to make meaningful decisions and exercise their legal rights. The insights and recommendations provided by the authors offer valuable guidance for policymakers, practitioners, and individuals seeking to enhance the legal capacity of individuals with disabilities.

Weight: 660g
Dimension: 177 x 241 x 26 (mm)
ISBN-13: 9781509940349