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: Unspecified
Length: 336 pages
Publication date: 30 November 2023
Publisher: Bloomsbury Publishing PLC

This comprehensive collection brings together esteemed international socio-legal and medico-legal scholars to delve into the challenging dilemma of how to support 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. These chapters adopt a comparative and interdisciplinary approach, drawing upon the expertise of scholars who have actively participated in law reform processes in their respective home jurisdictions. By combining academic knowledge with practical insights gained from firsthand experiences, the contributors offer a unique perspective on the challenges and opportunities associated with legal change.

One of the key themes explored in the book is the need for a holistic and person-centered approach to supporting legal capacity. It emphasizes the importance of considering the individual's preferences, values, and autonomy while making decisions that affect their lives. The authors argue that traditional approaches, which often prioritize the interests of others or rely on assumptions about what is best for the individual, may not always align with their true desires and best interests.

Another important aspect of the book is the recognition of the diverse contexts in which legal capacity is exercised. The authors acknowledge that the experiences and needs of individuals with disabilities may vary significantly depending on factors such as cultural background, socioeconomic status, and access to resources. They argue that capacity-supporting strategies must be tailored to meet the unique needs and circumstances of each individual, taking into account their individual preferences, abilities, and support networks.

The book also explores the challenges and barriers that individuals with disabilities face in accessing legal capacity support. It highlights the need for systemic changes, such as the development of accessible legal services, the promotion of inclusive legal practices, and the training of legal professionals in working with individuals with disabilities. The authors argue that these efforts must be accompanied by strong advocacy and awareness-raising campaigns to ensure that individuals with disabilities are fully aware of their rights and entitlements and have the necessary support to exercise their legal capacity.

In conclusion, this collection provides a valuable contribution to the field of socio-legal and medico-legal studies. It offers a comprehensive examination of the dilemma of supporting legal capacity in theory and practice, highlighting the need for a person-centered, interdisciplinary, and culturally sensitive approach. By drawing upon the expertise of scholars from diverse backgrounds, the book provides insights into the challenges and opportunities associated with legal change and offers practical recommendations for promoting the equal right to legal capacity for individuals with disabilities.

Dimension: 234 x 156 (mm)
ISBN-13: 9781509959075