£79.96

Cambridge University Press Values and Disorder in Mental Capacity Law (Cambridge Bioethics and Law)

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£83.15 £75.27 £76.99 £78.71 £80.43 £82.15 £83.87 01 November 2025 24 November 2025 18 December 2025 11 January 2026 04 February 2026

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Description

This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law serves merely as a façade, behind which judgements can be made about the nature of a person's values, free from proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. It also explores the implications of this analysis for people found to lack capacity, concluding that reforms to the best interest provisions are urgently needed. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.

Product Specifications

Format
hardcover
Domain
Amazon UK
Release Date
27 June 2024
Listed Since
21 December 2023

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