The Spaces of Mental Capacity Law: Moving Beyond Binaries

This book explores the conceptual spaces and socio-legal context of mental capacity laws, challenging the underlying norms and assumptions and offering insights into other areas of law. It is of interest to researchers in mental capacity law, disability law, socio-legal studies, and critical geographers and disability studies scholars.

Format: Paperback / softback
Length: 200 pages
Publication date: 31 May 2023
Publisher: Taylor & Francis Ltd

This comprehensive exploration delves into the intricate conceptual realms and socio-legal backdrop that mental capacity laws occupy. It becomes evident that these norms are intricately woven through the binaries that permeate mental capacity laws in liberal legal jurisdictions, including capacity/incapacity, autonomy/paternalism, empowerment/protection, carer/cared-for, disabled/non-disabled, and public/private. While on the surface, the book showcases the far-reaching impact of laws that question individuals' mental capacity, both within and beyond the medical context where it is most commonly associated. However, at a deeper and perhaps more significant level, it challenges the very foundations of mental capacity itself, shedding light on the transformative potential of these realizations for other areas of law.

In undertaking this exploration, the book offers valuable insights into mental capacity law scholarship, particularly in terms of reform initiatives at both domestic and international levels. It also provides avenues for expanding our understanding of a diverse range of interconnected legal, policy, and theoretical concepts. By doing so, the book presents fresh critical perspectives for legal critique and conceptual transformation beyond the realm of mental capacity law.

This book will appeal to scholars and researchers in mental capacity law, disability law, socio-legal studies, critical geographers, and disability studies scholars alike. Its comprehensive approach and insightful analysis make it a valuable resource for anyone seeking to deepen their understanding of the complex interplay between law, society, and mental capacity.

Weight: 320g
Dimension: 233 x 156 x 16 (mm)
ISBN-13: 9781032115771