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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy


ISBN13: 9781107164000
Published: May 2017
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £69.99



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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, as well as capacity assessments themselves, must display key competencies in order 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.

Subjects:
Mental Health Law
Contents:
1. Problems with mental capacity
2. Mental capacity, legal capacity, and relational rights
3. Relational autonomy and the promotion of decisional capacity
4. Procedural reasoning and the social space of reasons in capacity assessments
5. Ethical duties of support and intervention
6. Hermeneutic competence and the dialogical conditions of capacity
7. Rethinking capacity.

Series: Cambridge Bioethics and Law

Self-Ownership, Property Rights, and the Human Body: A Legal and Philosophical Analysis ISBN 9781107036864
To be published January 2018
Cambridge University Press
£95.00
Euthanasia and Assisted Suicide: Lessons from Belgium ISBN 9781107198869
To be published September 2017
Cambridge University Press
£95.00
Solidarity and Justice in Health and Social Care ISBN 9781107069800
To be published September 2017
Cambridge University Press
£85.00
Solidarity and Justice in Health and Social Care (eBook) ISBN 9781108505857
Published September 2017
Cambridge University Press
£68.00 + £13.60 VAT
(ePub)
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Property in the Body 2nd ed ISBN 9781316613740
Published June 2017
Cambridge University Press
£24.99
Merry and McCall Smith's Errors, Medicine and the Law 2nd ed ISBN 9781316632253
Published April 2017
Cambridge University Press
£34.99
Continuous Sedation at the End of Life: Ethical, Clinical and Legal Perspectives ISBN 9781316618639
Published December 2016
Cambridge University Press
£28.99
The Affordable Care Act and Medicare in Comparative Context ISBN 9781107110557
Published August 2015
Cambridge University Press
£93.00
The Right to Know and the Right Not to Know: Genetic Privacy and Responsibility 2nd ed ISBN 9781107429796
Published September 2014
Cambridge University Press
£27.99
The Right to Know and the Right Not to Know: Genetic Privacy and Responsibility 2nd ed ISBN 9781107076075
Published September 2014
Cambridge University Press
£62.00
Human Cloning: Four Fallacies and Their Legal Consequences ISBN 9781107669598
Published March 2014
Cambridge University Press
£20.99
Privacy, Confidentiality, and Health Research ISBN 9781107696631
Published December 2013
Cambridge University Press
£18.99
Criminal Law, Philosophy and Public Health Practice ISBN 9781107022782
Published October 2013
Cambridge University Press
£62.00
Continuous Sedation at the End of Life: Ethical, Clinical and Legal Perspectives ISBN 9781107039216
Published August 2013
Cambridge University Press
£67.00
Human Cloning: Four Fallacies and Their Legal Consequences ISBN 9781107031852
Published December 2012
Cambridge University Press
£72.00
Privacy, Confidentiality, and Health Research ISBN 9781107020870
Published June 2012
Cambridge University Press
£62.00