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Author : Nicholas K. F. O'Neill
Publisher :
ISBN 13 : 9781743320082
Total Pages : pages
Book Rating : 4.3/5 (2 download)
Download or read book Capacity and the Law written by Nicholas K. F. O'Neill and published by . This book was released on 2012 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Beverley Clough
Publisher : Routledge
ISBN 13 : 1000463834
Total Pages : 167 pages
Book Rating : 4.0/5 (4 download)
Download or read book The Spaces of Mental Capacity Law written by Beverley Clough and published by Routledge. This book was released on 2021-10-21 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual spaces and socio-legal context which mental capacity laws inhabit. It will be seen that these norms are created and reproduced through the binaries that pervade mental capacity laws in liberal legal jurisdictions- such as capacity/incapacity; autonomy/paternalism; empowerment/protection; carer/cared-for; disabled/non-disabled; public/private. Whilst on one level the book demonstrates the pervasive reach of laws questioning individuals mental capacity, within and beyond the medical context which it is most commonly associated with, at a deeper and perhaps more important level it challenges the underlying norms and assumptions underpinning the very idea of mental capacity, and reflects outwards on the transformative potential of these realisations for other areas of law. In doing so, whilst the book offers lessons for mental capacity law scholarship in terms of reform efforts at both domestic and internationals levels, it also offers ways to develop our understandings of a range of linked legal, policy and theoretical concepts. In so doing, it offers new critical vantage points for both legal critique and conceptual change beyond mental capacity law. The book will be of interest to researchers in mental capacity law, disability law and socio-legal studies as well as critical geographers and disability studies scholars.
Author : Michael Ashley Stein
Publisher : Cambridge University Press
ISBN 13 : 1108838855
Total Pages : 451 pages
Book Rating : 4.1/5 (88 download)
Download or read book Mental Health, Legal Capacity, and Human Rights written by Michael Ashley Stein and published by Cambridge University Press. This book was released on 2021-09-02 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides practical solutions for ending coercion in mental health care and realizing the universal right to legal capacity.
Author : John E.S. Poyser
Publisher :
ISBN 13 : 9780779889181
Total Pages : pages
Book Rating : 4.8/5 (891 download)
Download or read book Capacity and Undue Influence written by John E.S. Poyser and published by . This book was released on 2019 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Anna Arstein-Kerslake
Publisher : Springer
ISBN 13 : 9783030634957
Total Pages : 153 pages
Book Rating : 4.6/5 (349 download)
Download or read book Legal Capacity & Gender written by Anna Arstein-Kerslake and published by Springer. This book was released on 2022-02-09 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Author : Gordon Ashton
Publisher : Jordan Publishing (GB)
ISBN 13 : 9781784734060
Total Pages : 0 pages
Book Rating : 4.7/5 (34 download)
Download or read book Mental Capacity written by Gordon Ashton and published by Jordan Publishing (GB). This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition has been comprehensively revised by a team of experienced contributors to provide coverage of all the latest developments in legislation, procedure and case law, including: The reissued Court of Protection Rules (and accompanyingPractice Directions) which took effect in December 2017; The Law Commission Recommendations on Deprivation of Liberty; A completely new chapter on the important topic of Representation and Participation of P; An extensively updated chapter on the International Protection of Adults, with the addition of a new section on Ordinary Residence. Mental Capacity: Law and Practice provides an authoritative commentary, highlighting areas of potential difficulty and offering practical guidance on the challenges that the legislation poses. This book is essential reading for all private client lawyers, chancery practitioners, non-contentious lawyers, local authorities and healthcare professionals.
Author : Iris Reuvecamp
Publisher :
ISBN 13 : 9781988591094
Total Pages : 425 pages
Book Rating : 4.5/5 (91 download)
Download or read book Mental Capacity Law in New Zealand written by Iris Reuvecamp and published by . This book was released on 2019-08-14 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental Capacity Law in New Zealand is a comprehensive text on the legal position of people who lack capacity, in many different contexts, including their position regarding health care, residential placement, property management, and participation in legal proceedings. General Editors Iris Reuvecamp and John Dawson have assembled a team of subject matter experts from both legal and medical backgrounds who cover all major areas of the law of mental capacity in New Zealand (except the criminal law).
Author : Jennifer Moye
Publisher : American Bar Association
ISBN 13 :
Total Pages : 88 pages
Book Rating : 4.F/5 ( download)
Download or read book Assessment of Older Adults with Diminished Capacity written by Jennifer Moye and published by American Bar Association. This book was released on 2005 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)
Publisher :
ISBN 13 : 9781680923025
Total Pages : 180 pages
Book Rating : 4.9/5 (23 download)
Download or read book Business Law I Essentials written by MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) and published by . This book was released on 2019-09-27 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author : Simon Godefroy
Publisher : Learning Matters
ISBN 13 : 1473934125
Total Pages : 346 pages
Book Rating : 4.4/5 (739 download)
Download or read book Mental Health and Mental Capacity Law for Social Workers written by Simon Godefroy and published by Learning Matters. This book was released on 2015-07-22 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many social work students find the study of mental health legislation a complex and at times challenging process. Acts of law can seem irrelevant and far-removed from everyday practice and the person-centred approach that many social workers take. This book introduces students to the fundamental principles of mental health law and how they can be applied to everyday practice. There are clear introductions to key Acts such as the Mental Capacity Act and the Mental Health Act as well as the relevant Codes of Practice. These introductions, applied to social work case examples from practice, make this book a perfect key text for the social work law module. Students will see that mental health law doesn′t exist in a vacuum and instead develops and evolves through constant interaction with the fundamental principles of sound social work practice.
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : Andrew Coan
Publisher : Harvard University Press
ISBN 13 : 0674986954
Total Pages : 281 pages
Book Rating : 4.6/5 (749 download)
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Author : Camillia Kong
Publisher : Cambridge University Press
ISBN 13 : 1107164001
Total Pages : 276 pages
Book Rating : 4.1/5 (71 download)
Download or read book Mental Capacity in Relationship written by Camillia Kong and published by Cambridge University Press. This book was released on 2017-05-11 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
Author : Nick Brindle
Publisher : RCPsych Publications
ISBN 13 : 9781908020635
Total Pages : 132 pages
Book Rating : 4.0/5 (26 download)
Download or read book A Clinician's Brief Guide to the Mental Capacity Act written by Nick Brindle and published by RCPsych Publications. This book was released on 2013 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: This easy-to-read book guides clinicians through the parts of the Mental Capacity Act 2005 that they need to understand and use in their daily practice. This act now gives clinicians the authority to provide medical care and treatment to people (over 16 years) who lack the capacity to consent for themselves.
Author : René Provost
Publisher : Cambridge University Press
ISBN 13 : 1139432532
Total Pages : 464 pages
Book Rating : 4.1/5 (394 download)
Download or read book International Human Rights and Humanitarian Law written by René Provost and published by Cambridge University Press. This book was released on 2002-04-04 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do international human rights and humanitarian law protect vulnerable individuals in times of peace and war? Provost analyses systemic similarities and differences between the two to explore how they are each built to achieve their similar goal. He details the dynamics of human rights and humanitarian law, revealing that each performs a task for which it is better suited than the other, and that the fundamentals of each field remain partly incompatible. This helps us understand why their norms succeed in some ways and fail - at times spectacularly - in others. Provost's study represents innovative and in-depth research, covering all relevant materials from the UN, ICTY, ICTR, and regional organizations in Europe, Africa and Latin America. This will interest academics and graduate students in international law and international relations, as well as legal practitioners in related fields and NGOs active in human rights.
Author : Great Britain: Department for Constitutional Affairs
Publisher : The Stationery Office
ISBN 13 : 9780117037564
Total Pages : 468 pages
Book Rating : 4.0/5 (375 download)
Download or read book Mental Capacity Act 2005 code of practice written by Great Britain: Department for Constitutional Affairs and published by The Stationery Office. This book was released on 2007-08-16 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Author : Janice Mackenzie
Publisher : Routledge
ISBN 13 : 1000064158
Total Pages : 364 pages
Book Rating : 4.0/5 ( download)
Download or read book Assessing Mental Capacity written by Janice Mackenzie and published by Routledge. This book was released on 2020-05-04 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This practical, how-to handbook provides essential resources to help clinicians and other professionals assess mental capacity in key decisions. The book illustrates the basics of capacity assessments before discussing a variety of complex issues of which professionals will need to be aware. Offering expertise from a multi-disciplinary perspective, the book provides hands-on coverage of mental capacity law (concentrating on England and Wales). This book is accompanied by online resources including semi-structured interviews and a multi-disciplinary team (MDT) questionnaire which can be downloaded and used for clinical cases, as well as further examples, information and tips. Please visit www.assessingcapacity.com. Chapters are written by a variety of different professionals with extensive experience in the assessment of mental capacity. Coverage includes: Explanations of mental capacity law and how to put it into practice across a range of settings, services and populations A "how to" approach for administering assessments of mental capacity both for professionals who are new to the area and for more experienced professionals Information on practical aspects of assessing mental capacity for commonly occurring decisions and for more specialist and complex decisions Consideration of the best interests process and Liberty Protection Safeguards (LPS). With easily accessible information, case studies, examples from case law and internationally relevant discussions on ethical issues, this is the perfect companion to help busy professionals understand complex concepts relating to mental capacity.
