Capacity, Participation and Values in Comparative Legal Perspective

Camillia Kong is Senior Research Fellow at the Institute for Crime and Justice Policy Research at Birkbeck College and is the Principal Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project. John Coggon is Professor of Law at the Centre for Health, Law and Society at the University of Bristol and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.Penny Cooper is Visiting Professor at the Institute for Crime and Justice Policy Research at Birkbeck College and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project. Michael Dunn is Associate Professor at the University of Oxford and Co-Investigator of the AHRC-funded Judging Values and Participation in Mental Capacity Law project.Alex Ruck Keene is a barrister at 39 Essex Chambers specialising in mental capacity, and Visiting Professor at the Dickson Poon School of Law at King’s College London. He is a consultant on the AHRC-funded Judging Values and Participation in Mental Capacity Law project.

• 1. Introduction: Values, Participation, and Mental Capacity Laws in International Comparative Perspective – Camillia Kong, John Coggon, Penny Cooper, Michael Dunn, Alex Ruck Keene2. Mental Capacity Law in England and Wales: A Value-Laden Jurisdiction – Rebecca Stickler3. Mental Capacity Regimes Approach to Values and Participation in Proceedings Involving Individuals With Impaired Decision-Making Capacity in Scotland – Jill Stavert4. The Fusion Approach to Mental Capacity Law in Northern Ireland: Possibilities and Challenges – Gavin Davidson, Martin Daly, Moira Harper, Danielle McIlroy and Lorna Montgomery5. Judging Values in a Time of Transition: An Irish Perspective – Mary Donnelly6. US Laws Relating to Decision-Making on Behalf of P – Stephen Latham7. Indigenous Peoples With Disabilities and Canadian Mental Capacity Law – Ruby Dhand8. Capacity, Participation and Values in Australian Guardianship Laws – Cameron Stewart9. Navigating Values in Aotearoa New Zealand – Kris Gledhill10. Values and Participation of Individuals Without Mental Capacity in Hong Kong – Daisy Cheung11. Asian Values and Confucianism: How P’s Ability To Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu – Yue-En Chong12. Respect for the Will and Preferences of People With Mental Disorders in German Law – Tanje Henking and Matthé Scholten13. 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

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