Testimonial Injustice and Vulnerability
A Qualitative Analysis of Participation in the Court of Protection
Bibliographic Data
| ID | 12283018 |
|---|---|
| Authors | JAIME LINDSEY (0000-0002-6271-483X, University of Essex, corresponding author) |
| Year | 2018 |
| Volume | 28 |
| Issue | 4 |
| Pages | 450-469 |
| Publication date | 2018-08-13 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Social & Legal Studies (JOURNAL) |
| Journal identifiers | ISSN: 0964-6639 • E-ISSN: 1461-7390 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0964663918793169 |
| OpenAlex | W2884969217 |
| Language | EN |
| Citations received | 6 |
| References cited | 25 |
This article explores participation in Court of Protection (COP) proceedings by people considered vulnerable. The article is based on original data obtained from observing COP proceedings and reviewing COP case files. It is argued that the observed absence of the subject of proceedings is a form of testimonial injustice, that is, a failure to value a person in their capacity as a giver of knowledge. The issue of competence to give evidence is considered but it is argued that it is not the formal evidential rules that prohibit a vulnerable adult from giving evidence. Instead, it is the result of a persistent assumption that they are inherently vulnerable and therefore lack credibility as a knowledge giver. This assumption results in the voices of vulnerable adults being routinely absent from legal proceedings. It is argued that having a voice in the courtroom is essential and has a number of intrinsic and instrumental benefits. The article concludes with a discussion about the implications of the research, including the current trend towards the increased use of special measures, and recommends a presumption in favour of the subject of COP proceedings giving evidence
Business · Competence (human resources · Credibility · Criminology · Injustice · Political science · Presumption · Sociology · Subject (documents · Testimonial · Vulnerability (computing · Criminal Justice and Corrections Analysis · Disability Rights and Representation · Homelessness and Social Issues · Law · Psychology · Social Psychology
The ‘human element’ in the social space of the courtroom
Medicalisation and participation in legal capacity determinations in Chile
Law and Rhetoric
The Vulnerable (M)other and the Autonomous Legal Subject
Participatory rights of older adults at risk in adult protection case conferences
Indigenous parents and child welfare
Disability Rights and Wrongs
‘It doesn’t happen … and I’ve never thought it was necessary for it to happen’
Vulnerable and Intimidated Witnesses and the Adversarial Process in England and Wales
Abusing Vulnerability? Contemporary Law and Policy Responses to Sex Work in the UK
Developing Vulnerability
The Mysterious Case of Disappearing Family Law and the Shrinking Vulnerable Subject
Epistemic justice as a condition of political freedom
The Epistemic Challenge of Hearing Child’s Voice
Policy, politics and the silencing of ‘voice
Addressing Testimonial Injustice
| Citations per year | 0.86 |
|---|---|
| Citation span | 2019 - 2023 (5) |
| Highly cited | No |