Beverley Clough, "The Spaces of Mental Capacity Law: Moving Beyond Binaries" (Routledge, 2021)
New Books in Public Policy
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How Does the Mental Capacity Act Shape Legal Subjectivity?
The way that we have this kind of liberal legal subjectivity, which is tied to this kind of abstract individualistic unencumbered masculine subject. And you can see it very strongly in the way that capacity is assessed. The state is kind of positioned as this separate entity that hasn't had a role in that individual's life. So I think just even though we're not necessarily thinking about legal subjectivity,. I think we get a strong sense of the ideal liberal legal subject coming through.
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