Next Article in Journal
Why Workers’ Rights Are Not Women’s Rights
Next Article in Special Issue
Evaluating Decision Making Capacity in Older Individuals: Does the Law Give a Clue?
Previous Article in Journal
Examining the Conservative Shift from Harsh Justice
Previous Article in Special Issue
Supported Decision-Making for People with Cognitive Impairments: An Australian Perspective?
Article

Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws

Melbourne Social Equity Institute, University of Melbourne, 201 Grattan Street, Parkville, Victoria 3010, Australia
Academic Editor: Kelly Purser
Laws 2015, 4(2), 125-138; https://doi.org/10.3390/laws4020125
Received: 31 March 2015 / Accepted: 20 April 2015 / Published: 27 April 2015
Neuroscientific endeavours to uncover the causes of severe mental impairments may be viewed as supporting arguments for capacity-based mental health laws that enable compulsory detention and treatment. This article explores the tensions between clinical, human rights and legal concepts of “capacity”. It is argued that capacity-based mental health laws, rather than providing a progressive approach to law reform, may simply reinforce presumptions that those with mental impairments completely lack decision-making capacity and thereby should not be afforded legal capacity. A better approach may be to shift the current focus on notions of capacity to socio-economic obligations under the Convention on the Rights of Persons with Disabilities. View Full-Text
Keywords: legal capacity; mental capacity; decision-making; mental health laws; neuroscience legal capacity; mental capacity; decision-making; mental health laws; neuroscience
MDPI and ACS Style

McSherry, B. Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws. Laws 2015, 4, 125-138. https://doi.org/10.3390/laws4020125

AMA Style

McSherry B. Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws. Laws. 2015; 4(2):125-138. https://doi.org/10.3390/laws4020125

Chicago/Turabian Style

McSherry, Bernadette. 2015. "Decision-Making, Legal Capacity and Neuroscience: Implications for Mental Health Laws" Laws 4, no. 2: 125-138. https://doi.org/10.3390/laws4020125

Find Other Styles

Article Access Map by Country/Region

1
Only visits after 24 November 2015 are recorded.
Back to TopTop