University of Galway

Course Module Information

Course Modules

12 months long | Credits: 10

Human autonomy is taken for granted today. However the concept rests on several different theoretical frames. The legal tool that gives effect to autonomy is legal capacity. A lot turns on whether the law acknowledges your autonomy and capacity. With the denial of your legal capacity you become a non-person – an object to be controlled by others. At another extreme your autonomy and capacity might be deemed absolute – even to the point of fending off interventions that are in your ‘best-interests.’ This course will begin by defining legal capacity and examining its evolution throughout legal history. We will then look at philosophical conceptions of personhood and explore how the law regulates personhood via legal capacity systems. Traditional approaches to legal capacity will be analyzed, with a focus on the purpose of the legislation as well as its effects on the persons it is applied to. Once we have a clear understanding of legal capacity from the legal and philosophical perspectives, we will examine the drafting of Article 12 of the CRPD, which guarantees the right to legal capacity on an equal basis for all. We will look at the article’s meaning and the obligations it imposes on State Parties to the Convention. Article 12 of the UN Convention on the Rights of Persons with Disabilities is either an evolution of positive reform trends, or a revolution, depending on your perspective. Finally, we will examine legal capacity law reform around the globe, exploring both political advocacy methods as well as whether the substance of the reforms is in compliance with Article 12.
(Language of instruction: English)

Assessments
  • Continuous Assessment (100%)
Teachers
The above information outlines module LW558: "Legal Capacity Law and Policy" and is valid from 2021 onwards.
Note: Module offerings and details may be subject to change.