The Spaces of Mental Capacity Law

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 etc.

Beverley Clough is based in the Law Department at the University of Leeds.

Introduction 1. The Conceptual Terrain: Spatial Dynamics and Law 2. Spatial Dynamics and Disability: Interrogating the Terrain of the Mental Capacity Act 2005 3. Capacity/Incapacity: A Dynamic Disability Critique 4. Care/Disability - Challenging the Divide Through Relationality 5. State/Individual: Situating the State 6. Freedom/Deprivation of Liberty: The Logics of Liberty in Mental Capacity Law 7. Public/Private: Dichotomies of Powerlessness in the Court of Protection Conclusion