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Vulnerable Adults and the Law$
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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

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The Use of the Inherent Jurisdiction and Vulnerable People

The Use of the Inherent Jurisdiction and Vulnerable People

Chapter:
(p.71) 4 The Use of the Inherent Jurisdiction and Vulnerable People
Source:
Vulnerable Adults and the Law
Author(s):

Jonathan Herring

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198737278.003.0004

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

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