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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.
This chapter examines the history of guardianship in Australia and the role of values and participation in Australian guardianship laws. The chapter postulates that there are three generations of Australian guardianship laws, the most recent of which is specifically designed around the Convention on the Rights of Persons with Disabilities. The implementation of that convention has been haphazard, but the chapter argues that guardianship authorities have, in the absence of clear legislative adoption, created policy frameworks that incorporate and promote the will and preferences of the person under guardianship. This suggests that in Australia policies and guidelines are as important as formal laws for ensuring that the will and preference of people with disabilities are given paramountcy in decision making.
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.
The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.
By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
In our conclusions, we discuss how knowledge alchemy is embedded in transnational administration and global policy making through numerical tools, imaginaries and narratives used across multiple policy domains and sectors. To further understand conventional power in contemporary national and transnational governance, this book has uncovered the mechanism that maintain and reinforce a generic process of knowledge alchemy, as well as its limitations. Global knowledge governance is increasingly travelling on digital train tracks, where its direction is set by the existing data and metrics shared by the indicator producers. These digital train tracks seem rather resistant to disruptions and alternative worldviews. We argue that the critical examination of global models and scripts and their changing nature also allows critical reflection over them, marking an opening for agency.
In this chapter, we examine the knowledge alchemy involved in transforming academic mobility as a familiar act of academic travel to a commodified activity in today’s global competition for talent. In contemporary policy making, the assumed practices of the medieval scholar often inform the common image of an academic today. A visual that emerges is one of free flow of knowledge even though the actual practices of scholarly mobility – especially in medieval times – are hardly without incident. So why is this image so enduring and how does it affect our contemporary debates concerning the global competition for talent? For policy makers at multiple governance levels – university, national, regional and international – this image is ever present because a mobile scholar generates seemingly untold benefits, not least in scientific terms, and, more recently, economic competitiveness gains and cultural diversity.
This chapter focuses on the development and implementation of capacity-based law in Northern Ireland. The Mental Capacity Act (Northern Ireland) 2016, when it is fully implemented, will provide a capacity-based framework for decision making and will replace the current mental health law for everyone aged 16 and over. The chapter explores aspects of the Northern Ireland context that may have contributed to this approach being taken. It considers how participation and values influenced and informed the development of the Act and how they are promoted in the contents of the Act. The chapter also identifies some of the ongoing debates about this new approach, including the exclusion of those aged under 16 and some of the complex interfaces with criminal justice issues. The need to evaluate whether the new Act is effective in achieving its aim of more effectively promoting and protecting the rights of everyone whose ability to make decisions may be impaired is also highlighted.
This chapter turns to the scripts and imaginaries of knowledge governance. To become effective, numerical knowledge needs to be narrated and communicated. We see actors referring to different imaginaries of knowledge governance that are linked to grand narratives of global megatrends, pointing to intensifying global economic competition through digitalization and innovation, as well as the implications for those countries, institutions or individuals left behind. The ranking producers have also identified automation as one of their observed megatrends, discussing it as the ‘fourth industrial revolution’ or ‘second machine age’, where digitalization and automation ultimately affect global competitiveness, innovation and knowledge governance. Moreover, innovation and knowledge creation are tightly linked to cities as innovation hubs, reflecting the global trend of urbanization as part of the broader modernization movement. ‘Talents’ are important in this storyline and the chapter argues that transnational knowledge governance operates on the perceptions of futures.
This chapter provides an overview of the development of global rankings in good governance and higher education. Initially, the metrics dealt with good governance and competitiveness of countries, but since the 2000s the global rankings on higher education and innovation have emerged. Recently, city rankings have highlighted the importance of assessment of academic research and education. The effects of these rankings have been numerous, and innovation, higher education and academic life more generally have been increasingly governed by high-pace data-driven reforms, as for example our discussion on the case of Paris-Saclay University demonstrates.
In this chapter, we discuss innovation rankings and city-level measurements of competitiveness that draw heavily from other indicators, hence echoing the hegemonic views and ideological undercurrents already present in the ranking field. The sharing of data is part of the evolving conventional power of data production on a global level. Empirically, we focus on four key indicators of knowledge governance and competitiveness that also reveal how the global ranking field has evolved: Global Competitiveness Index (GCI), Global Innovation Index (GII), Global Talent Competitiveness Index (GTCI) and Global Power City Index (GPCI). We analyse the convergence of the metrics of competitiveness, innovation and education and its implications on the policy script of ‘talent competition’. We conclude the chapter with closer analysis of the actors behind the GTCI.
This book introduces the concept of ‘knowledge alchemy’ to capture the generic process of transforming mundane practices and policies of governance into competitive ones following imagined global gold standards. Using examples from North America, Europe and Asia, it explores how knowledge alchemy increasingly informs national and institutional policies and practices on economic performance, higher education, research and innovation. The book examines how governments around the world have embraced global models of the world-class university, human capital and talent competition as essential in ensuring national competitiveness. Through its analysis, the book shows how this strongly future-oriented and anticipatory knowledge governance is steered by a surge of global classifications, rankings and indicators, resulting in numerous comparisons of various domains that today form more constraining global policy scripts.
