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Supporting Legal Capacity in Socio-Legal Context
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 (CRP...
Mental Capacity, Dignity and the Power of International Human Rights
Explores how society's privileging of autonomy and of civil and political freedoms, fails to uphold the human rights of those with cognitive disability.
Research Handbook on Gender, Sexuality and the Law
This innovative and thought-provoking Research Handbook explores not only current debates in the area of gender, sexuality and the law but also points the way for future socio-legal research and scholarship. It presents wide-ranging insights and debates from across the globe, including Africa, Asia, Eastern Europe and Australia, with contributions from leading scholars and activists alongside exciting emergent voices.
Mental Health Law
The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what i...
Criminal Legalities and Minorities in the Global South
This book explores how the law and the institutions of the criminal justice system expose minorities to different types of violence, either directly, through discrimination and harassment, or indirectly, by creating the conditions that make them vulnerable to violence from other groups of society. It draws on empirical insights across a broad array of communities and locales including Afghanistan, Colombia, Pakistan, India, Malawi, Turkey, Brazil, Singapore, Puerto Rico, and the Philippines. It examines the challenges of protecting those at the margins of power, especially those whom the law is often used to oppress. The chapters explore intersecting, marginal identities influenced by four f...
The Future of Mental Health, Disability and Criminal Law
This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coer...
Supporting Legal Capacity in Socio-Legal Context
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 (CRP...
Voluntary Assisted Dying
Since the introduction of voluntary assisted dying in 2019, a ‘new moment’ in the governance of life and death has opened up within the Australian context. This new moment demands new questions be asked regarding the regime and its effects in this new era for law, health care and justice. This collection brings together critical perspectives on voluntary assisted dying itself, and on various practices adjacent to it, including questions of state power, population ageing, the differential treatment of human and non-human animals at the time of death, the management of health care processes through silent ‘workarounds’, and the financialisation of death. This book provides an overview of the first Australian regime, and then introduces these diverse critical views, broadening our engagement with euthanasia and voluntary assisted dying beyond the limited, but important, debates about law reform and its particular enactment in Australia.
State Intimacies
The public healthcare system in rural India is chronically under-resourced. It embodies and often perpetuates the wider politics of the Indian state towards its rural communities with provisions of care that are deeply entangled with violence and disgust. For rural women, such care deepens reproductive chronicity while providing temporary relief. Grounded in women’s everyday realities and experiences in sterilization camps and other healthcare settings in rural Rajasthan, State Intimacies examines the mundane workings, ambiguities and fragilities of care in post-colonial rural North India.
Criminal Justice and The Ideal Defendant in the Making of Remorse and Responsibility
This book investigates how defendants are assessed by criminal justice decisionmakers, such as judges, lawyers, probation officers, parole board members and those involved in restorative justice. What attitudes and emotions are defendants expected to show? How are these expectations communicated? The book argues that defendants, at various stages of the criminal justice process, are expected to show a (more or less) free acceptance of guilt and individual responsibility along with a display of 'appropriate' emotions, ideally including 'genuine' remorse. It examines why such expressions of individual responsibility and remorse are so important to decision-makers and the state. With contributors from across the world, the book opens new comparative possibilities and research agendas.
