11: Asian Values and Confucianism: How P’s Ability to Participate in Court Proceedings in Singapore Is Influenced by P’s Cultural Milieu


This chapter explores how the operation of the Mental Capacity Act 2008 is influenced by the sociocultural environment in Singapore, and subsequently how the prevailing attitudes and cultural milieu of the local populace have shaped the interactions between P, P’s caregivers and the legal system – specifically the extent of P’s participation in proceedings. The author attempts to explore methodically by first setting out the relevant legal provisions followed by the analysis of case judgments and a discussion on current legal barriers to P’s participation in proceedings. The impact of culture milieu, through the influence of Asian values and religious views, is further explored under the theme of surrogate decision-making for P in Singapore. This chapter concludes by considering ways to further advance and support P in the decision-making process in light of the finding of a culture of surrogate decision-making in Singapore.

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