Special Issue "Competency and Capacity: Issues Affecting Health Law, Policy and Society"
A special issue of Laws (ISSN 2075-471X).
Deadline for manuscript submissions: closed (30 March 2015).
Interests: advance care planning; advance directives; end of life decision-making; futile medical treatment; guardianship law; medical law
Interests: capacity; wills; powers of attorney; advance health directives; elder law; estate planning
Interests: Vulnerable patients in health care; guardianship; regulation of health care
Competency and capacity have often been used as threshold concepts to allow, or deny, persons the right to make decisions. This has had particular relevance in the area of health, where medical professionals have often been tasked with assessing an individual’s decision-making ability. However, international developments—such as the United Nations Convention on the Rights of Persons with Disabilities—have provided an impetus for scholars, policy-makers and those in the health and legal communities to redefine thinking around the notion of competency and capacity, how it influences decision-making, and how it is assessed.
This Special Issue seeks to provide a platform to discuss the emerging legal and policy issues in health law, and beyond, relating to the concepts of competency and capacity. It seeks to bring together a range of global perspectives on this issue, engaging with both theoretical and practical issues brought about in this intersection of law, medicine and society.
The articles in this edition are not limited to a single country or jurisdiction, and submissions which adopt a multidisciplinary approach are welcome. This Special Issue seeks to be a critical reference point for academics and the wider community interested in this area of law.
Dr. Kelly Purser
Dr. Shih-Ning Then
Professor Lindy Willmott
Carney, T. “Clarifying, Operationalising and Evaluating Supported Decision Making Models.” Research and Practice in Intellectual and Developmental Disabilities 1 (2014): 46.
Richardson, Genevra. “Mental Disabilities and the Law from Substitute to Supported Decision-Making.” Current Legal Problems 65 (2012): 333–54.
Kapp, Marshall B. “Assessing Assessments of Decision-Making Capacity: A Few Legal Queries and Commentary on “Assessment of Decision-Making Capacity in Older Adults.” Journals of Gerontology, Series B: Psychological Sciences and Social Sciences 62 (2007): 12–13.
Buchanan, Allen E., and Dan W. Brock. Deciding for Others: The Ethics of Surrogate Decision Making. Cambridge: Cambridge University Press, 1989.
McSherry, Bernadette M. “Legal Capacity under the Convention on the Rights of Persons with Disabilities.” Journal of Law and Medicine 20 (2012): 22–27.
Manuscript Submission Information
Manuscripts should be submitted online at www.mdpi.com by registering and logging in to this website. Once you are registered, click here to go to the submission form. Manuscripts can be submitted until the deadline. All papers will be peer-reviewed. Accepted papers will be published continuously in the journal (as soon as accepted) and will be listed together on the special issue website. Research articles, review articles as well as short communications are invited. For planned papers, a title and short abstract (about 100 words) can be sent to the Editorial Office for announcement on this website.
Submitted manuscripts should not have been published previously, nor be under consideration for publication elsewhere (except conference proceedings papers). All manuscripts are thoroughly refereed through a double-blind peer-review process. A guide for authors and other relevant information for submission of manuscripts is available on the Instructions for Authors page. Laws is an international peer-reviewed open access quarterly journal published by MDPI.
Please visit the Instructions for Authors page before submitting a manuscript. Submitted papers should be well formatted and use good English. Authors may use MDPI's English editing service prior to publication or during author revisions.
- mental health
- substitute and supported decision-making
- end of life decision-making
- adolescent decision-making
- future planning