ABSTRACT

This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book aims to challenge these habits. It discusses the spaces and parameters of current thinking and debate in mental capacity law, exploring and exposing the ways that these parameters are created and sustained, as well as their productive effects. As a critical lens for mental capacity law, this attentiveness to spatial and relational dynamics has enabled a careful exploration of the binary framework that draws the boundaries of mental capacity law. At a time when the problematic underpinnings and effects of our current legal framework are becoming more apparent, we need to be mindful of the tendency, as Rose warns, that “the old theories reappear as solutions to their own failure”. Dismantling the boundaries drawn around the individual, state, and communities, through complicating scale and temporality in the assemblage, opens up ways to rethink, ‘interventions’ ought to take place, and their form.