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

Kong, Camillia (2017) Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy. Cambridge University Press, 224 pp. ISBN 978-1-107-16400-0. (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided)

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Abstract

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.

Item Type: Book
Subjects: B Philosophy. Psychology. Religion
B Philosophy. Psychology. Religion > BJ Ethics
K Law
R Medicine > R Medicine (General) > R723 Medical ethics
Divisions: Faculties > Humanities > School of European Culture and Languages > Philosophy
Depositing User: Camillia Kong
Date Deposited: 15 Nov 2016 17:44 UTC
Last Modified: 24 May 2017 09:56 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/58657 (The current URI for this page, for reference purposes)
Kong, Camillia: https://orcid.org/0000-0002-0551-0689
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