Mental capacity in relationship : decision-making, dialogue, and autonomy / Camillia Kong.

Format:

Book

Author/Creator:

Kong, Camillia, author.

Series:

Cambridge bioethics and law

Language:

English

Subjects (All):

Mental health laws.

Capacity and disability.

Decision making.

Interpersonal relations.

Physical Description:

1 online resource (xiii, 258 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2017.

System Details:

text file

PDF

Summary:

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.

Notes:

Title from publisher's bibliographic system (viewed on 17 Jul 2017).

Other Format:

Print version:

ISBN:

9781316683088

Access Restriction:

Restricted for use by site license.