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My fieldwork uncovers the differing dynamics of the homeowner self-governance movement in three cities: In Shanghai, 94 percent of condominium communities have established homeowners’ associations (HoAs), compared with 41 percent in Shenzhen and only 12 percent in Beijing. In this chapter, I present a framework with two variables, the risk to social stability and state capacity, to explain the different styles of authoritarianism in the three cities, and examine the role of the local state in the development of HoAs.
We introduce a relaxed version of the metric definition of quasiconformality that is natural also for mappings of low regularity, including $W_{\mathrm{loc}}^{1,1}({\mathbb R}^n;{\mathbb R}^n)$-mappings. Then we show on the plane that this relaxed definition can be used to prove Sobolev regularity, and that these ‘finely quasiconformal’ mappings are in fact quasiconformal.
This book draws on the disciplines of law, philosophy, and psychiatry to interrogate whether the Mental Capacity Act 2005 meets the challenges posed by mental disorder to decision-making. It is often assumed that to allow space for individuality, any test for capacity must focus only on decision-making processes and not on the substance of the values that underpin decisions. Auckland challenges this assumption, arguing that the current law serves merely as a façade, behind which judgements can be made about the nature of a person's values, free from proper scrutiny. This book provides an in-depth analysis of when and how a person's disordered values should be relevant to the determination of their capacity, offering novel suggestions for reforming the capacity test to better reflect the impact of disorder on decision-making. It also explores the implications of this analysis for people found to lack capacity, concluding that reforms to the best interest provisions are urgently needed. This title is part of the Flip it Open Programme and may also be available Open Access. Check our website Cambridge Core for details.
The Introduction summarises the core themes of the book and outlines how the argument will proceed over the course of its chapters. It explains why the issue it centres around – namely, how the law grapples with the impact of mental disorder on decision-making – is so important, and why successfully navigating the tension between respect for (and deference to) idiosyncratic values, and protection from disorder or impairment, must be a precondition of England and Wales adopting ‘fused’ mental capacity and health legislation, or a more CRPD-compliant statutory framework. It also explains how the book relates to the existing literature in this area, which has focused in recent years on concerns about the binary nature of the capacity framework, and on the individualistic and rational ‘liberal subject’ on which this framework rests. Finally, it elaborates briefly on some of the concepts which the book will draw upon, in particular what is meant by ‘values’ and ‘beliefs’.
This Element examines three related topics in the field of bioethics that arise frequently both in clinical care and in medico-legal settings: capacity, informed consent, and third-party decision-making. All three of these subjects have been shaped significantly by the shift from the paternalistic models of care that dominated medicine in the United States, Canada, and Great Britain prior to the 1960s to the present models that privilege patient autonomy. Each section traces the history of one of these topics and then explores the major ethics issues that arise as these issues are addressed in contemporary clinical practice, paying particular attention to the role that structural factors such as bias and social capital play in their use. In addition, the volume also discusses recent innovations and proposals for reform that may shape these subjects in the future in response both to technological advances and changes in societal priorities.
Here, we dive deeper into the realm of reversible Markov chains, via the perspective of network theory. The notions of conductance and resistance are defined, as well as voltage and current, and the corresponding mathematical theory.The Laplacian and Green function are defined and their relation to harmonic functions explained. The chapter culminates with a proof (using network theory) that recurrence and transience are essentially group properties: these properties remain invariant when changing between different reasonable random walks on the same group (specifically, symmetric and adapted with finite second moment).
This chapter reorients readings of Harriet Jacobs’s and Harriet Wilson’s (semi)autobiographies as narratives of disability. I underscore the inextricable links between girlhood, labor, and disability began in their self-authored texts, alongside Jean Fagan Yellin’s publication of The Harriet Jacobs Family Papers and other documents which detail the life of Harriet Wilson. I argue that these life writings demonstrate each woman’s post-captivity labors as a challenge to nineteenth-century extractive economies of bondage. Studying the (semi)autobiographies, public and private correspondence, journal entries, and newspaper advertisements related to Harriet Jacobs and Harriet Wilson not only makes legible their disabled lives, but also provides a complex understanding of the interrelation between labor, disability, capacity, and resistance.
This chapter deals with public health and pandemic preparedness. It recognises the five stages of a new pandemic (detection, assessment, treatment, escalation and recovery). The chapter also deals with the issue of laboratory preparedness and the need to maintain a critical mass of laboratory and skilled staff expertise at all times in order to be able to respond rapidly and effectively to a new emerging pandemic.
In Australia, the intentional teaching of social and emotional competencies and the implementation of social and emotional learning (SEL) programs have increasingly engaged early childhood educators over the last decade. Disruptions to normal routines from fires, floods and the COVID−19 pandemic have heightened the need to support children, families and educators, and have made SEL an essential part of curricula (Cahill et al., 2020). This chapter establishes the broad rationale and key concepts associated with SEL, and also details recommended approaches and evidence-based practices relevant to teaching for SEL. It also considers the crucial role that educators play in supporting young children during troublesome times.
The law presumes that all persons are capable of guiding their own day-to-day lives, but the presence of various types and degrees of mental disability or mental incapacity can call this capability into question. When competency is convincingly demonstrated to be impaired, to the extent that decision-making requires input, persistent guidance, or outright control by some external entity, the civil courts might elect at that juncture to impose some form of “substituted judgment.” Substituted judgment undertakes to address three broad and potentially overlapping decision-making domains, described here with brief accompanying examples: prior judgment (regarding wills and other advance directives), present judgment (regarding informed consent and the corresponding right to refuse treatment), and future judgment (regarding guardianship and conservatorship). This chapter will explore each of these domains in detail, identifying the contributions mental health professionals can make to reliable and valid forensic assessment in this regard.
This chapter considers children’s evolving capacities, particularly during adolescence. The law must value adolescence, while also recognising the risks it may entail. The chapter starts by reviewing some of the extensive body of research on children’s developing capacity for decision-making and explores how it might inform the law on adolescence. The chapter then considers the legal principles governing the relationship between adolescents and their parents. That law is ambivalent both over the extent of parental authority and the circumstances in which mature adolescents should be recognised as having the ability to make decisions over their own lives, regardless of the views of their parents. The chapter concludes by considering the application of these general principles in the fraught context of deprivation of liberty. The law’s confused approach to adolescent decision-making and parental authority leaves adolescents at risk of being deprived of this most important of rights without access to the legal safeguards that protect adults. This area of law is an excellent example of the practical consequences of the law’s ambivalence on adolescent autonomy and the role of parents.
Concerned with sustainably alleviating mental distress and promoting the right to health worldwide, global mental health (GMH) is practised across various contexts spanning the humanitarian-development-peace nexus. The inherently intersectoral and multidisciplinary nature of GMH calls for competency frameworks and training programmes that embody diversity, decolonisation and multiprofessionalism. Existing competency frameworks have failed to capture the multi-sectoral, inter-professional nature of contemporary GMH practice. In response to these needs, a qualitative content analysis of relevant job advertisements was conducted to distil a comprehensive set of professional competencies in contemporary GMH practice. Approximately 200 distinct skills and competencies were extracted from 70 job advertisements and organised into four meta-dimensions: ‘skills’, ‘sector’, ‘self’ and ‘subject’. The first known systematic attempt at a multi-sectoral GMH competency framework, it offers a springboard for exploring vital yet overlooked professional competencies such as resilience, self-reflection, political skills and entrepreneurialism. On this basis, recommendations for building a competent, agile and effective GMH workforce with diversified and future-proof skillsets are proposed. The framework can also inform inter-professional training and curriculum design, and capacity-building initiatives aimed at early-career professional development, particularly in low- and middle-income settings.
In preparation for Chapters 5–7 – which detail the three components of the proposed trust-based framework – this chapter addresses three issues. With reference to the social rights literature, it first substantiates the conclusion that social rights are justiciable, justifying the need for an enforcement framework to be used by the courts. Secondly, the chapter describes how the courts can use the concept of political trust as the basis for a social rights enforcement framework. It explains that under the trust-based framework, the courts promote the elected branches’ trustworthiness with respect to social rights. The courts specifically hold the elected branches to a ‘standard of trustworthiness’, effectively enforcing the three constituent expectations of trust in the citizen-government relationship – goodwill, competence and fiduciary responsibility. Lastly, the chapter outlines four justifications – theoretical, instrumental, practical and democratic – for why political trust should provide the basis for a social rights enforcement framework.
This paper explains why and how we should introduce birth into the canon of subjects explored by philosophy. It focuses on the epistemology of birth, namely, on the nature, origin, and limits of the knowledge produced by and/or related to giving birth. The paper provides a view on the philosophy of birth, i.e., an approach to construct a new logos for genos.
Community-based organizations (CBOs) are important equity-promoting delivery channels for evidence-based interventions (EBIs). However, CBO practitioners often cannot access needed support to build EBI skills. Additionally, the capacity-building literature is hindered by inconsistent definitions, limited use of validated measures, and an emphasis on the perspectives of EBI developers versus implementers. To address these gaps, we explored commonalities and differences between CBO practitioners and academics in conceptualizing and prioritizing core EBI skills.
Methods:
We utilized Group Concept Mapping, a mixed-methods approach connecting qualitative data (e.g., regarding the range of critical EBI skills) and quantitative data (e.g., sorting and ranking data regarding unique skills) to create conceptual maps integrating perspectives from diverse participants. A total of 34 practitioners and 30 academics working with cancer inequities participated in the study.
Results:
Participants nominated 581 core skills for EBI use, and our team (including practitioners and academics) identified 98 unique skills from this list. Participants sorted them into conceptual groups, yielding five clusters: (1) using data and evaluation, (2) selecting and adapting EBIs, (3) connecting with community members, (4) building diverse and equitable partnerships, and (5) managing EBI implementation. The ordering of importance and presence of skill clusters were similar across groups. Overall, importance was rated higher than presence, suggesting capacity gaps.
Conclusions:
There are helpful commonalities between practitioners’ and academics’ views of core EBI skills in CBOs and apparent capacity gaps. However, underlying patterns suggest that differences between the groups’ perceptions warrant further exploration.
this chapter will discuss the regulation of personal capacity (ahliya) and agency under the civil law of Qatar and will not deal with the issue of competence pertinent to foreign investors or specific competence of state (or administrative) entities, even if said competence concerns contractual freedom. The chapter deals with the most important types of agency and hence several are missing from this discussion. It will become clear from the discussion relating to personal capacity that several (but not all) principles underpinning classical Islamic law have been incorporated in the Qatari CC, despite the fact that they are to a large degree antiquated and out of touch with Qatar’s international obligations.
The model for capacity assessment in the United States and much of the Western world relies upon the demonstration of four skills including the ability to communicate a clear, consistent choice. Yet such assessments often occur at only one moment in time, which may result in the patient expressing a choice to the evaluator that is highly inconsistent with the patient’s underlying values and goals, especially if a short-term factor (such as frustration with the hospital staff) distorts the patient’s preferences momentarily. These challenges are particularly concerning in cases, which arise frequently in hospital settings, in which patients demand immediate self-discharge, often during off-hours, while faced with life-threatening risks. This paper examines the distinctive elements that shape such cases and explores their ethical implications, ultimately offering a model for such situations that can be operationalized.
This chapter focuses on informed consent, the cornerstone of conducting ethical human subjects research. It presents a brief history of the origins of informed consent to research and reviews codes, guidelines, and regulations that have been established in response to ethical violations carried out in the name of science. The chapter reviews the essential elements of consent (i.e., intelligence, knowingness, and voluntariness) and discusses challenges that researchers may encounter within each of these areas. Importantly, it approaches consent as an ongoing process rather than a one-time-event and presents practical and empirically supported strategies that researchers can apply to assess and enhance individuals’ capacity, understanding, and autonomy as it pertains to research participation. Additional topics discussed include assent to research that involves children, electronic and multimedia consent, and consent to research using biospecimens.
This is a commentary on two articles on assessing mental capacity in everyday practice and in the case of the suicidal patient. It explores some of the conceptual problems with capacity, including the lack of a ‘right’ answer and the value-laden nature of capacity assessments in suicidal patients. In England and Wales, in addition to the Mental Capacity Act 2005 clinicians must also consider their duty of care as part of the European Convention on Human Rights as enacted in the Human Rights Act 1998.
The introduction to this volume captures virtue's dizzying variety by explaining its roots in classical ethics, transformation through theological appropriation, and engagement with global wisdom traditions. We propose that the work of Shakespeare patches together virtue's many realizations, active both on the horizontal axis of Aristotelian capacity and dynamism and the vertical axis of Judeo-Christian valuation. Threading together exemplary passages from Shakespeare and previews of the volume's contributions, the introduction proposes that Shakespeare creates virtue ecologies -- worlds that allow for person-affirming capacities to be tested and flourish. Alive to virtue's textual and performative dimensions, we establish a vocabulary and background for the essays that follow.