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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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