Capacity, Participation and Values in Comparative Legal Perspective

With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.

Table of Contents:
1. Introduction: Values, Participation, and Mental Capacity Laws in International Comparative Perspective – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene 2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction – Rebecca Stickler 3. Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland – Jill Stavert 4. The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges – Gavin Davidson, Martin Daly, Moira Harper, Danielle McIlroy and Lorna Montgomery 5. Judging Values in a Time of Transition: An Irish Perspective – Mary Donnelly 6. US Laws Relating to Decision-Making on Behalf of P – Stephen Latham 7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law – Ruby Dhand 8. Capacity, Participation and Values in Australian Guardianship Laws – Cameron Stewart 9. Navigating Values in Aotearoa New Zealand – Kris Gledhill 10. Values and Participation of Individuals Without Mental Capacity in Hong Kong – Daisy Cheung 11. Asian Values and Confucianism: How P’s Ability To Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu – Yue-En Chong 12. Respect for the Will and Preferences of People With Mental Disorders in German Law – Tanje Henking and Matthé Scholten 13. The Place of Values and P’s Participation in Mental Capacity Law: Themes, Synergies, and Tensions – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene