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Supporting Legal Capacity in Socio-Legal Context

Author: Mary Donnelly

Publisher: Bloomsbury Publishing

Published: 2022-03-10

Total Pages: 337

ISBN-13: 1509940359

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.

Mental Capacity, Dignity and the Power of International Human Rights

Author: Julia Duffy

Publisher: Cambridge University Press

Published: 2023-08-17

Total Pages: 299

ISBN-13: 1009304526

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Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.

Global Perspectives on Legal Capacity Reform

Author: Eilionóir Flynn

Publisher: Routledge

Published: 2018-07-20

Total Pages: 218

ISBN-13: 1351579703

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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.

Mental Capacity in Relationship

Author: Camillia Kong

Publisher: Cambridge University Press

Published: 2017-05-11

Total Pages: 276

ISBN-13: 1107164001

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An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.

Socio-Legal Studies in Context

Author: Denis J. Galligan

Publisher: Wiley-Blackwell

Published: 1995-06-08

Total Pages: 180

ISBN-13: 9780631196815

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Socio-Legal Studies in Context is the first attempt to take stock of the development of socio-legal studies in the United Kingdom. With an increasing awareness amongst legal scholars of the need for socio-legal research, this volume is essential reading for all teachers of law and law related subjects. It will provide rich ideas for young researchers wishing to involve themselves in the socio-legal approach. The volume also provides an opportunity for more experienced researchers to look back and re-assess their own work and help them form their own plans for the future.

Supported Decision-Making

Author: Karrie A. Shogren

Publisher: Cambridge University Press

Published: 2018-11-22

Total Pages: 323

ISBN-13: 1108475647

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Integrates research, theory, and practice in supported decision-making and describes implications for supports provision in the disability field.

Routledge Handbook of Socio-Legal Theory and Methods

Author: Naomi Creutzfeldt

Publisher: Routledge

Published: 2019-08-13

Total Pages: 566

ISBN-13: 0429489749

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Drawing on a range of approaches from the social sciences and humanities, this handbook explores theoretical and empirical perspectives that address the articulation of law in society, and the social character of the rule of law. The vast field of socio-legal studies provides multiple lenses through which law can be considered. Rather than seeking to define the field of socio-legal studies, this book takes up the experiences of researchers within the field. First-hand accounts of socio-legal research projects allow the reader to engage with diverse theoretical and methodological approaches within this fluid interdisciplinary area. The book provides a rich resource for those interested in deepening their understanding of the variety of theories and methods available when law is studied in its broadest social context, as well as setting those within the history of the socio-legal movement. The chapters consider multiple disciplinary lenses – including feminism, anthropology and sociology – as well as a variety of methodologies, including: narrative, visual and spatial, psychological, economic and epidemiological approaches. Moreover, these are applied in a range of substantive contexts such as online hate speech, environmental law, biotechnology, research in post-conflict situations, race and LGBT+ lawyers. The handbook brings together younger contributors and some of the best-known names in the socio-legal field. It offers a fresh perspective on the past, present and future of sociolegal studies that will appeal to students and scholars with relevant interests in a range of subjects, including law, sociology and politics. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Restoring Voice to People with Cognitive Disabilities

Author: Anna Arstein-Kerslake

Publisher: Cambridge University Press

Published: 2017-07-03

Total Pages: 272

ISBN-13: 1108509509

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The right to make decisions is important for every individual. It allows us to express ourselves, discover our likes and dislikes, and lead our lives in the way we desire. People with cognitive disability have historically been denied this right in many different ways - sometimes informally by family members or carers, and other times formally by a courtroom or other legal authority. This book provides a discussion of the importance of decision-making and the ways in which it is currently denied to people with cognitive disability. It identifies the human right to equal recognition before the law as the key to ensuring the equal right to decision-making of people with cognitive disabilities. Looking to the future, it also provides a roadmap to achieving such equality.

The Law of Credit and Security

Author: Mary Donnelly (Law teacher)

Publisher:

Published: 2015

Total Pages: 927

ISBN-13: 9780414055100

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The new edition of The Law of Credit and Security provides a fully up-to-date analysis of all relevant aspects of law and regulation in respect of lending, security-taking and enforcement of loans in Ireland. In the ongoing aftermath of the financial crisis, this has remained one of the most fast-moving areas of law and this book provides a comprehensive treatment of the many developments since the publication of the first edition in 2011. New to this edition * Includes full coverage of the implications of the Companies Act 2014 for all aspects of corporate lending and borrowing * Features detailed analysis of the Personal Insolvency Act 2012 and changes to Bankruptcy law * Addresses changes in regulatory requirements for credit providers, including the Central Bank (Supervision and Enforcement) Act 2013 and Credit Unions and Co-Operation with Overseas Regulators Act 2012 * Provides comprehensive coverage of consumer protection developments, including the Mortgages Directive (Directive 2014/17/EU); the Code of Conduct on Mortgage Arrears 2013; the Consumer Protection Code 2012 * Includes fully up-to-date analysis of relevant case law on all aspects of credit and security since 2011 * Includes expanded coverage of the impact of insolvency and examinership on creditors * Examines the operations of NAMA in the respect of the administration of acquired loans Key features * A comprehensive analysis of all aspects of credit and security in Ireland * Detailed consideration of all elements of the regulatory framework for relevant lenders, including banks; credit unions; moneylenders; debt management firms; retail credit and home reversion firms; and. credit and mortgage intermediaries. * Up-to-date analysis of all important case law and legislation * Places Irish legal and regulatory developments in an international and European context * Includes full coverage of impact of the Companies Act 2014 on all aspects of corporate loans * Covers all aspects of security in rem, including: security over land; security over personal property; security over aircraft; security over ships * Provides detailed examination of the impact of the Financial Collateral Directive (Directive 2009/44) * Includes in-depth consideration of guarantees and analogous arrangements * Provides detailed analysis of legal mechanisms for enforcement * Includes a thorough analysis of the impact of examinership and insolvency on creditors * Incorporates a detailed consideration of personal insolvency arrangements and bankruptcy

Healthcare Decision-Making and the Law

Author: Mary Donnelly

Publisher: Cambridge University Press

Published: 2010-11-18

Total Pages: 345

ISBN-13: 1139491849

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This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.