| Document Type
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BL
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| Record Number
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839117
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| Main Entry
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Kong, Camillia
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| Title & Author
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Mental capacity in relationship : : decision-making, dialogue, and autonomy /\ Camillia Kong, University of Kent.
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| Publication Statement
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Cambridge :: Cambridge University Press,, 2017.
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| Series Statement
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Cambridge bioethics and law
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| Page. NO
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xiii, 258 pages ;; 23 cm.
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| ISBN
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1107164001
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: 9781107164000
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9781316730492
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| Bibliographies/Indexes
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Includes bibliographical references (pages 241-250) and index.
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| Abstract
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Recent legal developments challenge how valid the concept of mental capacity is in determining whether individuals with impairments can make decisions about their care and treatment. Kong defends a concept of mental capacity, but argues that such assessments must consider how relationships and dialogue can enable or disable the decision-making abilities of these individuals. This is thoroughly investigated using an interdisciplinary approach that combines philosophy and legal analysis of the law in England and Wales, the European Court of Human Rights, and the United Nations Convention on the Rights of Persons with Disabilities. By exploring key concepts underlying mental capacity, the investigation concludes that both primary relationships, as well as capacity assessments themselves, must display key competencies in order to ensure that autonomy skills are promoted and encouraged. This ultimately provides scope for justifiable interventions into disabling relationships and articulates the dialogical practices that help better situate, interpret, and understand the choices and actions of individuals with impairments.
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| Subject
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Capacity and disability-- England.
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Capacity and disability-- Europe.
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Mental health laws-- England.
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Mental health laws-- Europe.
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Capacity and disability.
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Mental health laws.
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Mental Competency-- psychology.
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| Subject
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Decision Making.
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Informed Consent-- legislation jurisprudence.
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| Subject
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Interpersonal Relations.
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| Subject
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Mental Competency-- legislation jurisprudence.
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| Subject
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England.
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| Subject
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Europe.
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| Dewey Classification
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344.044
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| LC Classification
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KJC1020.K66 2017
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| NLM classification
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2017 G-999
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W 85
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