1: Introduction: Values, Participation and Mental Capacity Laws in International Comparative Perspective

This chapter sets out the framework and rationale for Capacity, Participation and Values in Comparative Legal Perspective. We explore how core themes of values (that is, the values embedded within a legal framework and whose values are given effect) and participation (that is, whether and how the person’s voice and agency is fostered in decision making about them) establish a fruitful analytic prism through which to draw cross-jurisdictional comparisons of different mental capacity and guardianship legal regimes. Through a shared language with which to speak about capacity law we suggest that cross-jurisdictional learning and dialogue may be fostered.

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