Supporting Legal Capacity in Socio-Legal Context

Mary Donnelly is Professor of Law at University College Cork, Ireland. Rosie Harding is Professor of Law and Society at Birmingham Law School, University of Birmingham, UK. Ezgi Tascioglu is Lecturer at Keele Law School, UK.

1. Situating the Right to Enjoy Legal Capacity
Rosie Harding (University of Birmingham, UK), Mary Donnelly (University College Cork, Ireland and Ezgi Tascioglu (Keele University, UK)

PART I
CHARTING THE CONCEPTUAL CONTOURS OF CAPACITY LAW
2. Support Relationships in Law: Framing, Fictions and the Responsive State
Mary Donnelly (University College Cork, Ireland)
3. The Problem of Influence: Autonomy, Legal Capacity and the Risk of Theoretical Incoherence
Amanda Keeling (University of Leeds, UK)
4. The Significance of Strong Evaluation and Narrativity in Supporting Capacity
Camillia Kong (Birkbeck, University of London, UK)
5. Functional Capacity Assessments by Healthcare Professionals: Problems and Mitigating Strategies
Shaun O’Keeffe (National University of Ireland Galway, Ireland)
6. Charting a Path to Non-coercive Mental Healthcare: The Rhizomatic Nature of Universal Legal Capacity and
the Support Paradigm
Suzanne Doyle Guilloud (University of Bristol, UK)

PART II
REFORMING CAPACITY LAW: MAKING, SHAPING AND INTERPRETING LEGAL FRAMEWORKS
7. The (Contested) Role of the Academy in Activist Movements for Legal Capacity Reform: A Personal Reflection
Eilionór Flynn (National University of Ireland Galway, Ireland)
8. Enabling Supported Decision-Making in India's Mental Healthcare Act, 2017: Learnings from a Low-Resource Country Setting
Soumitra Pathare (ILS Law College, India) and Arjun Kapoor (ILS Law College, India)
9. Reflections on the Reform of Spanish Civil Legislation on Legal Capacity of Persons with Disabilities Patricia Cuenca Gómez (Universidad Carlos III de Madrid, Spain)
10. Adapting or Discarding the Status Quo? Supporting the Exercise of Legal Capacity in Scottish Law and Practice
Jill Stavert (Edinburgh Napier University, UK)
11. Performing Disability Rights: State Reporting and Turkey's (Non)Engagement with the CRPD
Ezgi Tascioglu (Keele University, UK)

PART III
SUPPORTING LEGAL CAPACITY IN EVERYDAY LIFE: BALANCING EMPOWERMENT AND SAFEGUARDS
12. Autonomy of a Person under Guardianship: Self-Determination in the Theory and Practice of Guardianship Law in Finland
Anna Mäki-Petäjä-Leinonen (University of Eastern Finland, Finland)
13. Autonomy, Capacity and Vulnerability: Making Decisions on Social Services for Persons with Dementia in Sweden
Titti Mattsson (Lund University, Sweden)
14. Law’s Legitimacy and Social Work Support in Safeguarding Adults at Risk of Abuse
Jaime Lindsey (University of Essex, UK)
15. Putting the Pieces Together: Article 12, “Safeguarding” and the Right to Legal Capacity
Margaret Isabel Hall (Simon Fraser University, Canada)
16. Supporting Everyday Legal Capacity: Navigating the Complexities of Putting Rights into Practice
Rosie Harding (University of Birmingham, UK)