Supporting Legal Capacity in Socio-Legal Context

ISBN 10: 1509940340 / ISBN 13: 9781509940349

Published by HART PUB, 2022

About this Item

Seller Inventory # 544058403

Bibliographic Details

• Title: Supporting Legal Capacity in Socio-Legal Context
• Publisher: HART PUB
• Publication Date: 2022
• Language: English
• ISBN 10: 1509940340
• ISBN 13: 9781509940349
• Binding: Hardcover
• Condition: New

About this title

Synopsis

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.

About the Authors

Mary Donnelly is Professor of Law at University College Cork, Ireland.

Rosemary Hunter FacSS is Professor of Socio-Legal Studies and Founding Head of Law at the School of Social Sciences and Humanities at Loughborough University, UK. She is a feminist socio-legal scholar with particular interests in family law and family justice processes, judging and the judiciary, and access to justice. She has published widely on these topics in both Australia (where she began her academic career) and the UK. With Anne Barlow, she was a member of the ESRC-funded Mapping Paths to Family Justice project, which resulted in their prize-winning book, Mapping Paths to Family Justice: Resolving Family Disputes in Neoliberal Times (Barlow, Hunter, Smithson and Ewing, 2017). Rosemary has been the Academic Member of the Family Justice Council since 2016 and leads the Council's Domestic Abuse Working Group. She is also a member of the Private Law Working Group and the Ministry of Justice's Expert Panel on Harm in the Family Courts. She is a former Chair of the SLSA and a former Council member of JUSTICE.

Rosie Harding is Professor of Law and Society at Birmingham Law School, University of Birmingham, UK.

David Nelken is Professor of Comparative and Transnational Law and past Vice-Dean for Research at King's College London, UK. Widely published in sociology of law and in criminology, he has received awards from the American Sociological Association, the American Society of Criminology, the International Sociological Association, and the (USA) Law and Society Association. He has twice been a Trustee of the LSA and Vice-President of the RSCL.

Ezgi Tascioglu is Lecturer at Keele Law School, UK.