Book contents
- Reimagining the Court of Protection
- Cambridge Bioethics and Law
- Reimagining the Court of Protection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Table of Statutes
- Table of Cases
- 1 Introduction
- 2 Procedural Justice
- 3 Participation and Voice
- 4 Mediating Disputes
- 5 Expert and Experiential Evidence
- 6 The Courtroom Space and Design
- 7 Conclusions
- References
- Index
- Books in the Series
2 - Procedural Justice
Published online by Cambridge University Press: 17 September 2022
- Reimagining the Court of Protection
- Cambridge Bioethics and Law
- Reimagining the Court of Protection
- Copyright page
- Dedication
- Contents
- Figures
- Tables
- Acknowledgements
- Table of Statutes
- Table of Cases
- 1 Introduction
- 2 Procedural Justice
- 3 Participation and Voice
- 4 Mediating Disputes
- 5 Expert and Experiential Evidence
- 6 The Courtroom Space and Design
- 7 Conclusions
- References
- Index
- Books in the Series
Summary
Chapter 2 provides the theoretical framework for the book, focusing on advancing a procedural justice analysis through which the CoP is analysed. This chapter outlines the intrinsic, instrumental and pragmatic reasons why a procedural justice analysis is justified, doing so by reference to the procedural justice literature that shows how and why individuals value fair procedures, as well as analysing the underpinning normative procedural justice questions. Furthermore, it specifically explores how this theoretical frame can operate within and apply to the CoP. The theoretical approach to procedural justice is set out in detail, drawing on feminist literature on embodiment to develop a framework of procedural justice values, including: respect for the individual, flexibility, trustworthiness, neutrality and participation.
Keywords
- Type
- Chapter
- Information
- Reimagining the Court of ProtectionAccess to Justice in Mental Capacity Law, pp. 35 - 66Publisher: Cambridge University PressPrint publication year: 2022