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Legal culture and the CRPD

Quinn, Gerard LU (2020) p.19-44
Abstract

Gerard Quinn advances the proposition that there is a ‘legal culture’, which consists of unstated values and institutional expectations that underpin legal orders and constitute a ‘morality’ which enables law to be possible. He focuses on the United Nations Convention on the Rights of Persons with Disabilities (CRPD 2006), in particular on Article 12-Equal recognition before the law, to discuss the limited power (to date) that it has had in dislodging fundamental assumptions in legal cultures concerning legal capacity. Quinn uses this example to show how changes to ideas of legal personhood and mental capacity are difficult to achieve because of ‘legal fictions’ that lie at the heart of legal systems’ legal cultures. Quinn puts forward... (More)

Gerard Quinn advances the proposition that there is a ‘legal culture’, which consists of unstated values and institutional expectations that underpin legal orders and constitute a ‘morality’ which enables law to be possible. He focuses on the United Nations Convention on the Rights of Persons with Disabilities (CRPD 2006), in particular on Article 12-Equal recognition before the law, to discuss the limited power (to date) that it has had in dislodging fundamental assumptions in legal cultures concerning legal capacity. Quinn uses this example to show how changes to ideas of legal personhood and mental capacity are difficult to achieve because of ‘legal fictions’ that lie at the heart of legal systems’ legal cultures. Quinn puts forward some ways to dislodge the historical ‘legal fictions’ embedded in legal culture.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Chapter in Book/Report/Conference proceeding
publication status
published
subject
host publication
Recognising Human Rights in Different Cultural Contexts : The United Nations Convention on the Rights of Persons with Disabilities (CRPD) - The United Nations Convention on the Rights of Persons with Disabilities (CRPD)
pages
26 pages
publisher
Palgrave Macmillan
external identifiers
  • scopus:85089630960
ISBN
9789811507854
9789811507861
DOI
10.1007/978-981-15-0786-1_2
language
English
LU publication?
yes
id
ff96904a-49ec-42a5-a3af-d92c09bf8da5
date added to LUP
2020-08-28 11:14:55
date last changed
2024-08-08 00:46:08
@inbook{ff96904a-49ec-42a5-a3af-d92c09bf8da5,
  abstract     = {{<p>Gerard Quinn advances the proposition that there is a ‘legal culture’, which consists of unstated values and institutional expectations that underpin legal orders and constitute a ‘morality’ which enables law to be possible. He focuses on the United Nations Convention on the Rights of Persons with Disabilities (CRPD 2006), in particular on Article 12-Equal recognition before the law, to discuss the limited power (to date) that it has had in dislodging fundamental assumptions in legal cultures concerning legal capacity. Quinn uses this example to show how changes to ideas of legal personhood and mental capacity are difficult to achieve because of ‘legal fictions’ that lie at the heart of legal systems’ legal cultures. Quinn puts forward some ways to dislodge the historical ‘legal fictions’ embedded in legal culture.</p>}},
  author       = {{Quinn, Gerard}},
  booktitle    = {{Recognising Human Rights in Different Cultural Contexts : The United Nations Convention on the Rights of Persons with Disabilities (CRPD)}},
  isbn         = {{9789811507854}},
  language     = {{eng}},
  pages        = {{19--44}},
  publisher    = {{Palgrave Macmillan}},
  title        = {{Legal culture and the CRPD}},
  url          = {{http://dx.doi.org/10.1007/978-981-15-0786-1_2}},
  doi          = {{10.1007/978-981-15-0786-1_2}},
  year         = {{2020}},
}