View powerpoint presentation: Legal
Capacity and Law: Why It Matters (ppt)
Legal capacity is a patriarchal
construct that enables the maintenance of a society based on competition
rather than cooperation. Those who are in a dominant position (male,
white, non-disabled etc.) take for granted their own "soundness
of mind" and presume to judge that of others, denying those
Others the status of actors in the legal system and making them
instead passive dependents. Madness has been and continues to be
a primary ground to deny people the right to act for themselves:
to vote, to marry, to make a will or a contract, and most importantly
to make decisions about health care and residence. The "capacity
standard" is increasingly being used as a way to enforce compulsory
psychiatric treatment on those who do not want it, by judging them
incapable of making a rational decision about such treatment. What
is wrong with this picture?
|