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Mental Capacity in Relationship
Decision-Making, Dialogue, and Autonomy. Cambridge Bioethics and Law
By (author)
Camillia Kong
Genres:
Decision theory: general, Philosophy of mind, Ethics & moral philosophy, Care of the mentally ill, Medical & healthcare law, Mental health law, Family & relationships
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Synopsis
Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships and capacity assessments themselves must display key competencies to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments. New & Used
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What Reviewers Are Saying
'In summary, this is an ambitious and timely book which provides an important theoretical contribution to the ongoing debates on the MCA 2005 [Mental Capacity Act] and the implications of the CRPD [Convention on the Rights of Persons with Disabilities]. It will appeal to lawyers, philosophers, ethicists, and practitioners given its engagement and reflection on both theory and practice.' Beverly Clough, Medical Law Review 'Kong is amongst a small number who combine masterful deftness with both deeply rigorous philosophical analysis and practically engaged, applicable ideas. Her insights speak clearly to multiple disciplines, critiquing and re-explaining the law, and generating considered, justified practical recommendations on the interpretation and development of law ... In short, her book is truly revolutionary, but also manifestly realistic. Her critical and practical suggestions warrant sustained engagement in academic policy debates, and the book is to be recommended to any reader with an interest in mental capacity and law.' John Coggon, Journal of Law and Society 'Camillia Kong's book, Mental Capacity in Relationship, is an important contribution to debates over mental capacity. It combines philosophical, psychological and legal materials in an effective and stimulating discussion of the topic. It is particularly timely given the debates over the nature of the capacity in light of the United Nations Convention on the Rights of Persons with Disabilities. It is an excellent, sophisticated, analysis of the issues.' Jonathan Herring, Legal Studies