The therapeutic jurisprudence as a paradigm that supports the implementation of supported decision making: thoughts about the fruitful co-operations between different disciplines

Our empirical research has shown that in the framework of the current regulation of legal capacity, it is not possible to support adults with disabilities in accordance with international professional guidelines in community-based settings. In this paper, we use the desk research method to provide an analysis of the relevant Hungarian, German, and English literature. Based on sources of various disciplines, we argue that deconstructing the dominant discourse of what it means to be human is a key for the support of disabled persons’ decision making. Many definitions of self-determination and legal capacity use criteria, that lead to the exclusion of persons with disabilities. The reason for this is, the so-called neoliberal image of the human, according to which one can be considered an adult when they make rational, conscious and independent decisions. In this paper we outline some aspects that can be elaborated on the basis of theoretical and empirical research, which can promote the gradual elimination of the guardianship system and in parallel, the development of Supported Decision Making. We introduce the therapeutic jurisprudence, which can be a paradigm that helps in the implementation of Supported Decision Making.