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Thesis

The cusp of capacity: empowering and protecting people in decisions about treatment and care

Abstract:

The law’s cliff-edge approach to mental capacity denies those who lack capacity any right to determine what will happen to them. Consequently, the test for capacity (contained in section 3 of the Mental Capacity Act 2005) must accurately distinguish between those who can and cannot make autonomous decisions.

However, the test relies on too narrow a conception of autonomy, preventing it from capturing impairments in the content of the person’s beliefs or values, rather than their dec...

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Institution:
University of Oxford
Oxford college:
Merton College
Role:
Author

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Supervisor
Role:
Supervisor
Arts and Humanities Research Council More from this funder
Type of award:
DPhil
Level of award:
Doctoral
Awarding institution:
University of Oxford
Language:
English
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UUID:
uuid:ae83cf82-86b3-4816-a4ea-af59c67990c5
Deposit date:
2019-06-11

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