Law Without Enforcement

Overview

Until recently, law relating to mental disorder and to the mentally disorded has rarely been the subject of such extensive and heated debate. This book explores and reflects upon this debate. So far the debate's focus has been on the tension between public protection and individual civil rights, since much of its impetus has derived from notorious homicides in the community and been directed towards calls for a community treatment order. The debate encapsulated here is more comprehensive, going to the heart of ...
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Overview

Until recently, law relating to mental disorder and to the mentally disorded has rarely been the subject of such extensive and heated debate. This book explores and reflects upon this debate. So far the debate's focus has been on the tension between public protection and individual civil rights, since much of its impetus has derived from notorious homicides in the community and been directed towards calls for a community treatment order. The debate encapsulated here is more comprehensive, going to the heart of the nature of mental illness and its impacts on legal capacity, juxtaposing constructs which arise out of profoundly differing disciplines. The book concludes that the contribution of current mental health legislation is both marginal and it seeks to set an agenda for radical law reform by recognizing that asking questions may, at this stage, be more valuable than providing hasty answers. Many of the chapters deal with the recent Bournewood decision in the House of Lords.
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Editorial Reviews

Booknews
Venturing beyond the politicized debate between public protection and patients' civil rights, 13 essays discuss such matters as the objectives and effectiveness of mental health law in the UK; whether the distinction between mental and physical illness is defensible; and the law as a clinical tool. Includes a case list (1957-1998). Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781901362756
  • Publisher: Hart Publishing (UK)
  • Publication date: 3/1/1999
  • Pages: 260
  • Product dimensions: 6.14 (w) x 9.21 (h) x 0.55 (d)

Table of Contents

Preface
The Contributors
1 Law Without Enforcement: Theory and Practice 1
2 Mental Health Law: Objectives and Principles 39
3 Mental and Physical Illness: An Unsustainable Separation? 47
4 Public Policy via Law: Practitioner's Sword and Politician's Shield 59
5 Client and Clinician: Law as an Intrusion 75
6 Law as a Clinical Tool: Practising Within and Outwith the Law 89
7 Law as a Rights Protector: Assessing the Mental Health Act 1983 109
8 The Citizen Mental Patient 133
9 Auditing the Effectiveness of Mental Health Law 147
10 Madness and Moral Panics 159
11 Decision Making and Mental Health Law 173
12 Researching Law 189
13 Afterword: Integrating Mental Health and Justice 197
Case List 219
Bibliography 221
Index 233
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