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Vulnerable Adults and the Law - Oxford Scholarship Online
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Vulnerable Adults and the Law

Jonathan Herring


In an examination of the legal position of vulnerable adults, understood as those who have capacity under the Mental Capacity Act 2005 but are deemed impaired through vulnerability in their exercise of decision making powers, this book challenges that assumption. We are all ‘vulnerable’ and need to replace the competent, able-bodied, independent person as the norm which the law is based on and instead recognize our interdependence and mutuality. At the heart of the law is a distinction between those who have capacity and those who do not. Those who have capacity are given full legal rights; th ... More

Keywords: vulnerability, disability, capacity, autonomy, exploitation, interconnection, feminist, mutuality, relational

Bibliographic Information

Print publication date: 2016 Print ISBN-13: 9780198737278
Published to Oxford Scholarship Online: March 2016 DOI:10.1093/acprof:oso/9780198737278.001.0001


Affiliations are at time of print publication.

Jonathan Herring, author
Professor of Law, Faculty of Law, University of Oxford; Fellow in Law, Exeter College, Oxford University