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    From best interest to better interests? Values, unwisdom, and objectivity in mental capacity law

    Coggon, J. and Kong, Camillia (2021) From best interest to better interests? Values, unwisdom, and objectivity in mental capacity law. Cambridge Law Journal , ISSN 0008-1973. (In Press)

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    Abstract

    The Mental Capacity Act 2005 governs personal decision-makingfor adults. It incorporates five overarching principles, including that incapacity may not be inferredmerelyfrom a person’s unwise decisions, andthat where a person lackscapacity decisions must be made in her best interests. Through analysis of judicial treatment of unwisdom, best interests, subjectivity, and objectivity, considered against Parliamentary debates on the Mental Capacity Bill and philosophical critique of ideas of (un)wisdom, we argue that these principles are problematically irreconcilable. The Act’s radical under-specificity means, paradoxically, that these come to be resolved through abstracted values, rather than the centricity of the person herself.

    Metadata

    Item Type: Article
    School: School of Law > Criminology
    Research Centres and Institutes: Crime & Justice Policy Research, Institute for
    Depositing User: Camillia Kong
    Date Deposited: 31 Mar 2021 13:45
    Last Modified: 04 Jul 2022 12:44
    URI: https://eprints.bbk.ac.uk/id/eprint/43683

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