Capacity, Participation and Values in Comparative Legal Perspective

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.

The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.

By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

Camillia Kong is Senior Research Fellow at the Institute for Crime and Justice Policy Research at Birkbeck College and is the Principal Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

John Coggon is Professor of Law at the Centre for Health, Law and Society at the University of Bristol and a Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

Penny Cooper is a Visiting Professor at the Institute for Crime and Justice Policy Research at Birkbeck College and a Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

Michael Dunn is an Associate Professor at the University of Oxford and is a Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

Alex Ruck Keene is a barrister at 39 Essex Chambers specialising in mental capacity, and a Visiting Professor at the Dickson Poon School of Law at King’s College London. He is a consultant on the AHRC-funded Judging Values and Participation in Mental Capacity Law project.