Jump to ContentJump to Main Navigation
Vulnerable Adults and the Law$
Users without a subscription are not able to see the full content.

Jonathan Herring

Print publication date: 2016

Print ISBN-13: 9780198737278

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780198737278.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2021

The Use of the Inherent Jurisdiction and Vulnerable People

The Use of the Inherent Jurisdiction and Vulnerable People

(p.71) 4 The Use of the Inherent Jurisdiction and Vulnerable People
Vulnerable Adults and the Law

Jonathan Herring

Oxford University Press

This chapter analyses the courts’ use of inherent jurisdiction to protect vulnerable people. It promotes the use of this jurisdiction by outlining the advantages to be gained from it. One advantage to the use of this vulnerable adult jurisdiction is that the law is brought in line with the ideals in the UN Convention on the Rights of Persons with Disabilities. The ability to intervene and make decisions will discriminate less on the grounds of whether a person has a mental disorder and enable the law to provide a set of protective mechanisms for those who lack autonomy. The chapter argues that inherent jurisdiction enhances autonomy, as it facilitates the process of unencumbered decision-making by those who they have determined have capacity free of external pressure or physical restraint in making those decisions.

Keywords:   vulnerable, adults, inherent jurisdiction, paternalism, autonomy

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .