Global Perspectives On Legal Capacity Reform

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Global Perspectives on Legal Capacity Reform

Eilionóir Flynn,Anna Arstein-Kerslake,Clíona de Bhailís,Maria Laura Serra
Global Perspectives on Legal Capacity Reform Book PDF

Author : Eilionóir Flynn,Anna Arstein-Kerslake,Clíona de Bhailís,Maria Laura Serra
Publisher : Routledge
Page : 218 pages
File Size : 43,6 Mb
Release : 2018-07-20
Category : Law
ISBN : 9781351579704

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Global Perspectives on Legal Capacity Reform by Eilionóir Flynn,Anna Arstein-Kerslake,Clíona de Bhailís,Maria Laura Serra Pdf

This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

Global Perspectives on the Rule of Law

James J. Heckman,Robert L. Nelson,Lee Cabatingan
Global Perspectives on the Rule of Law Book PDF

Author : James J. Heckman,Robert L. Nelson,Lee Cabatingan
Publisher : Routledge
Page : 359 pages
File Size : 42,7 Mb
Release : 2013-03
Category : Law
ISBN : 9781135202675

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Global Perspectives on the Rule of Law by James J. Heckman,Robert L. Nelson,Lee Cabatingan Pdf

Global Perspectives on the Rule of Law is a collection of original research on the rule of law from a panel of leading economists, political scientists, legal scholars, sociologists and historians. The chapters critically analyze the meaning and foundations of the rule of law and its relationship to economic and democratic development, challenging many of the underlying assumptions guiding the burgeoning field of rule of law development. The combination of jurisprudential, quantitative, historical/comparative, and theoretical analyses seeks to chart a new course in scholarship on the rule of law: the volume as a whole takes seriously the role of law in pursuing global justice, while confronting the complexity of instituting the rule of law and delivering its promised benefits. Written for scholars, practitioners, and policy-makers, Global Perspectives on the Rule of Law offers a unique combination of jurisprudential and empirical research that will be provocative and relevant to those who are attempting to understand and advance the rule of law globally. The chapters progress from broad questions regarding current rule of development efforts and the concept of rule of law to more specific issues pertaining to economic and democratic development. Specific countries, such as China, India, and seventeenth century England and the Netherlands, serve as case studies in some chapters, while broad global surveys feature in other chapters. Indeed, this impressive scope of research ushers in the next generation of scholarship in this area.

Global Perspectives in Urban Law

Nestor M. Davidson,Geeta Tewari
Global Perspectives in Urban Law Book PDF

Author : Nestor M. Davidson,Geeta Tewari
Publisher : Routledge
Page : 234 pages
File Size : 51,7 Mb
Release : 2018-12-07
Category : Law
ISBN : 9781351245685

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Global Perspectives in Urban Law by Nestor M. Davidson,Geeta Tewari Pdf

The growing field of urban law demands a collaborative scholarly focus on comparative and global perspectives. This volume offers diverse insights into urban law, with emerging theories and analyses of topics ranging from criminal reform and urban housing, to social and economic inequality and financial crises, and democratization and freedom for individual identity and space. Particularly now, social, economic, and cultural issues must be closely examined in conjunction with the rule of law not only to address inadequate access to basic services, but also to construct long-term plans for our cities and our world—a bright, safe future.

Supporting Legal Capacity in Socio-Legal Context

Mary Donnelly,Rosie Harding,Ezgi Tascioglu
Supporting Legal Capacity in Socio Legal Context Book PDF

Author : Mary Donnelly,Rosie Harding,Ezgi Tascioglu
Publisher : Bloomsbury Publishing
Page : 336 pages
File Size : 54,5 Mb
Release : 2022-03-10
Category : Law
ISBN : 9781509940363

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Supporting Legal Capacity in Socio-Legal Context by Mary Donnelly,Rosie Harding,Ezgi Tascioglu Pdf

This collection brings together leading international socio-legal and medico-legal scholars to explore the dilemma of how to support legal capacity in theory and practice. Traditionally, decisions for persons found to lack capacity are made by others, generally without reference to the person, and this applies especially to those with cognitive and psycho-social disabilities. This book examines the difficulties in establishing effective and deliverable supported decision-making, concluding that approaches to capacity need to be informed by a grounded understanding of how it operates in 'real life' contexts. The book focuses on the UN Convention on the Rights of Persons with Disabilities (CRPD), which recognises the equal right to legal capacity of people with disabilities and requires States Parties to provide support for the exercise of this right. However, 10 years after the CRPD came into force, the shift to legal frameworks for supported decision-making remains at best only partial. With 16 chapters written by contributors from the UK, Canada, Finland, India, Ireland, Spain, Sweden, and Turkey, the collection takes a comparative and interdisciplinary approach. Many of the contributors have been directly involved in law reform processes in their home jurisdictions, and thus can combine both academic expertise and practical, grounded awareness of the challenges of legal change.

Legal Capacity & Gender

Anna Arstein-Kerslake
Legal Capacity Gender Book PDF

Author : Anna Arstein-Kerslake
Publisher : Springer Nature
Page : 165 pages
File Size : 43,6 Mb
Release : 2021-01-25
Category : Law
ISBN : 9783030634933

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Legal Capacity & Gender by Anna Arstein-Kerslake Pdf

This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

Mental Health, Legal Capacity, and Human Rights

Michael Ashley Stein,Faraaz Mahomed,Vikram Patel,Charlene Sunkel
Mental Health Legal Capacity and Human Rights Book PDF

Author : Michael Ashley Stein,Faraaz Mahomed,Vikram Patel,Charlene Sunkel
Publisher : Cambridge University Press
Page : 451 pages
File Size : 40,5 Mb
Release : 2021-09-02
Category : Law
ISBN : 9781108838856

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Mental Health, Legal Capacity, and Human Rights by Michael Ashley Stein,Faraaz Mahomed,Vikram Patel,Charlene Sunkel Pdf

Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.

Mental Capacity, Dignity and the Power of International Human Rights

Julia Duffy
Mental Capacity Dignity and the Power of International Human Rights Book PDF

Author : Julia Duffy
Publisher : Cambridge University Press
Page : 299 pages
File Size : 55,6 Mb
Release : 2023-08-17
Category : Law
ISBN : 9781009304504

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Mental Capacity, Dignity and the Power of International Human Rights by Julia Duffy Pdf

Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.

Law Reforms Around the World

Asif H. Qureshi,Manyun Li,Zhuangxu Li,Minghao Hu
Law Reforms Around the World Book PDF

Author : Asif H. Qureshi,Manyun Li,Zhuangxu Li,Minghao Hu
Publisher : Unknown
Page : 0 pages
File Size : 54,9 Mb
Release : 2024
Category : Law
ISBN : 1032359870

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Law Reforms Around the World by Asif H. Qureshi,Manyun Li,Zhuangxu Li,Minghao Hu Pdf

Encapsulating Law Reform requires the creation of a discreet space occupied with normative self-generation, self-correction, and self-adaptation in the very anatomy of law and the architecture of legal systems. This 'living dynamic trait' should be a hallmark of the genetic material in the modern-day institution of law. This edited volume sheds light on Law Reform in its domestic, comparative, regional, and international settings. It examines the process of Law Reform and explains the need for a constant appraisal to keep its wheels optimally operational. The book takes a holistic approach to understanding Law Reform and calls for such an approach in the very process of Law Reform. It begins by looking at Law Reform processes from a theoretical perspective. Thereafter, it sheds light on domestic Law Reform processes in civil and common law legal systems. This is followed by a focus on Law Reform at the international level with a critical appraisal of the International Law Commission (ILC), drawing on its performance in international economic and environmental law. Included in this consideration is also the role played in Law Reform by the IMF, World Trade Organization/World Intellectual Property Organization, Multilateral Development Banks, and the African Union Commission on International Law. This volume should appeal to students, serious scholars, policy makers, judges, and the community of national and international lawyers interested in bringing effective reform in the national and international arenas.

The Future of Mental Health, Disability and Criminal Law

Kay Wilson,Yvette Maker,Piers Gooding,Jamie Walvisch
The Future of Mental Health Disability and Criminal Law Book PDF

Author : Kay Wilson,Yvette Maker,Piers Gooding,Jamie Walvisch
Publisher : Taylor & Francis
Page : 284 pages
File Size : 45,6 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000954784

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The Future of Mental Health, Disability and Criminal Law by Kay Wilson,Yvette Maker,Piers Gooding,Jamie Walvisch Pdf

This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.

The Spaces of Mental Capacity Law

Beverley Clough
The Spaces of Mental Capacity Law Book PDF

Author : Beverley Clough
Publisher : Routledge
Page : 167 pages
File Size : 50,5 Mb
Release : 2021-10-21
Category : Law
ISBN : 9781000463835

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The Spaces of Mental Capacity Law by Beverley Clough Pdf

This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.

Mental Health Law

Kay Wilson
Mental Health Law Book PDF

Author : Kay Wilson
Publisher : Oxford University Press
Page : 257 pages
File Size : 55,7 Mb
Release : 2021-06-08
Category : Law
ISBN : 9780192654960

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Mental Health Law by Kay Wilson Pdf

The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what it requires States Parties to do. In doing so, it sets out the development of mental health law and is unique in tracing the history of the abolitionist movement and how nad why it has emerged now. By digging deeper into the conceptual basis of the CRPD and developing the 'interpretive compass' based on those three core CRPD concepts, the book aims to flesh out a broader vision of disability rights and move the debate forward by evaluating the three main abolition and reform options. Drawing on jurisprudential and multi-disciplinary research from philosophy, medicine, sociology, disability studies, and history, it argues compassionately and sensitively that mental health law should not be abolished, but should instead be significantly reformed to minimize coercion and maximize the support and choices given to persons with mental impairments to realize all of their CRPD rights.

Disability Law and Human Rights

Franziska Felder,Laura Davy,Rosemary Kayess
Disability Law and Human Rights Book PDF

Author : Franziska Felder,Laura Davy,Rosemary Kayess
Publisher : Springer Nature
Page : 268 pages
File Size : 41,9 Mb
Release : 2022-01-17
Category : Social Science
ISBN : 9783030865450

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Disability Law and Human Rights by Franziska Felder,Laura Davy,Rosemary Kayess Pdf

This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.

Deprivation of Liberty in the Shadows of the Institution

Series, Lucy
Deprivation of Liberty in the Shadows of the Institution Book PDF

Author : Series, Lucy
Publisher : Policy Press
Page : 316 pages
File Size : 44,8 Mb
Release : 2022-03-29
Category : Law
ISBN : 9781529212006

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Deprivation of Liberty in the Shadows of the Institution by Series, Lucy Pdf

ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.

Restrictive Practices in Health Care and Disability Settings

Bernadette McSherry,Yvette Maker
Restrictive Practices in Health Care and Disability Settings Book PDF

Author : Bernadette McSherry,Yvette Maker
Publisher : Routledge
Page : 239 pages
File Size : 55,5 Mb
Release : 2020-12-14
Category : Law
ISBN : 9781000290257

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Restrictive Practices in Health Care and Disability Settings by Bernadette McSherry,Yvette Maker Pdf

This volume explores different models of regulating the use of restrictive practices in health care and disability settings. The authors examine the legislation, policies, inspection, enforcement and accreditation of the use of practices such as physical, mechanical and chemical restraint. They also explore the importance of factors such as organisational culture and staff training to the effective implementation of regulatory regimes. In doing so, the collection provides a solid evidence base for both the development and implementation of effective approaches to restrictive practices that focus on their reduction and, ultimately, their elimination across health care sectors. Divided into five parts, the volume covers new ground in multiple respects. First, it addresses the use of restrictive practices across mental health, disability and aged care settings, creating opportunities for new insights and interdisciplinary conversations across traditionally siloed sectors. Second, it includes contributions from research academics, clinicians, regulators and mental health consumers, offering a rich and comprehensive picture of existing regulatory regimes and options for designing and implementing regulatory approaches that address the failings of current systems. Finally, it incorporates comparative perspectives from Australia, New Zealand, the Netherlands, Germany and England. The book is an invaluable resource for regulators, policymakers, lawyers, clinicians, consumer advocates and academics grappling with the use and regulation of restrictive practices in mental health, disability and aged care contexts.

Global Perspectives on Disability Activism and Advocacy

Karen Soldatic,Kelley Johnson
Global Perspectives on Disability Activism and Advocacy Book PDF

Author : Karen Soldatic,Kelley Johnson
Publisher : Routledge
Page : 282 pages
File Size : 40,6 Mb
Release : 2019-08-22
Category : Social Science
ISBN : 9781351237475

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Global Perspectives on Disability Activism and Advocacy by Karen Soldatic,Kelley Johnson Pdf

This book explores the diverse ways in which disability activism and advocacy are experienced and practised by people with disabilities and their allies. Contributors to the book explore the very different strategies and campaigns they have used to have their demands for respect, dignity and rights heard and acted upon by their communities, by national governments and the international community. The book, with its contemporary global focus, makes a significant contribution to the field of disability and social justice studies, particularly at a time of major social, political and cultural upheaval. Global Perspectives on Disability Activism and Advocacy offers a significant intervention within the field of disability at a time of major social upheaval where actors, advocates and activists are seeking to hold onto existing claims for rights, equality and disability justice.