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Introduction

Published online by Cambridge University Press:  25 October 2024

Cressida Auckland
Affiliation:
London School of Economics and Political Science
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Summary

The Introduction summarises the core themes of the book and outlines how the argument will proceed over the course of its chapters. It explains why the issue it centres around – namely, how the law grapples with the impact of mental disorder on decision-making – is so important, and why successfully navigating the tension between respect for (and deference to) idiosyncratic values, and protection from disorder or impairment, must be a precondition of England and Wales adopting ‘fused’ mental capacity and health legislation, or a more CRPD-compliant statutory framework. It also explains how the book relates to the existing literature in this area, which has focused in recent years on concerns about the binary nature of the capacity framework, and on the individualistic and rational ‘liberal subject’ on which this framework rests. Finally, it elaborates briefly on some of the concepts which the book will draw upon, in particular what is meant by ‘values’ and ‘beliefs’.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2024

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  • Introduction
  • Cressida Auckland, London School of Economics and Political Science
  • Book: Values and Disorder in Mental Capacity Law
  • Online publication: 25 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009482080.003
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  • Introduction
  • Cressida Auckland, London School of Economics and Political Science
  • Book: Values and Disorder in Mental Capacity Law
  • Online publication: 25 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009482080.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Cressida Auckland, London School of Economics and Political Science
  • Book: Values and Disorder in Mental Capacity Law
  • Online publication: 25 October 2024
  • Chapter DOI: https://doi.org/10.1017/9781009482080.003
Available formats
×