Seminal Issues in Mental Health Law / Edition 2

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Selected for their continuing influence, these papers address the policies and the application of civil mental health law. The essays, which are organized around the themes of principles, process, and trends, are reproduced in their entirety with their original page numbers to aid research and referencing. Focusing primarily on autonomy and patients' rights, they address such topics as discrimination in mental health law, the ethics of compulsory treatment, the UN principles of mental health, and the boundaries of madness. Peay (London School of Economics) gives a historical and philosophical context to the papers in her detailed introduction, which covers the concepts and assumptions addressed, refined or overturned by the contributors. The volume lacks a subject index. Annotation ©2005 Book News, Inc., Portland, OR
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Table of Contents

1 The limitations of the legal approach to mental health 3
2 The ideology of entitlement : the application of contemporary legal approaches to psychiatry 19
3 Unreasonable rights : mental illness and the limits of the law 47
4 Dying with their rights on 67
5 In defence of compulsory psychiatric intervention 73
6 The third way in mental health policy : negative rights, positive rights, and the convention 75
7 Principles for the protection of persons with mental illness and for the improvement of mental health care 101
8 The rights of psychiatric patients in the light of the principles announced by the United Nations : a recognition of the right to consent to treatment 113
9 Mental health law : institutionalised discrimination 133
10 Advance directives for psychiatric care : a theoretical and practical overview for legal professionals 139
11 Putting mental health into mental health law 181
12 The Italian experience and its implications 193
13 Reform of the Mental Health Act 1983 : the relevance of capacity to make decisions 201
14 On being sane in insane places 209
15 Practices and attitudes among Swedish psychiatrists regarding the ethics of compulsory treatment 219
16 The "pass through" model of psychiatric emergency room assessment 227
17 Coercion and commitment : understanding involuntary mental hospital admission 237
18 Perceived coercion in mental hospital admission : pressures and process 253
19 Flights of the mind 259
20 Consent and treatment 283
21 Tests of competency to consent to treatment 307
22 The MacArthur treatment competence study III : abilities of patients to consent to psychiatric and medical treatments 313
23 Mental health review tribunals : just or efficacious safeguards 339
24 Public conceptions of mental illness : labels, causes, dangerousness, and social distance 365
25 Opening Pandora's box : the practical and legal dangers of involuntary outpatient commitment 371
26 Law and lunacy in psychiatry's "golden age" 379
27 Ambivalence about community treatment orders 409
28 Reinstitutionalisation in mental health care 423
29 Out to pasture : a case for the retirement of Canadian mental health legislation 425
30 Autonomy, guardianship and mental disorder : one problem, two solutions 445
31 Mental disability law in Central and Eastern Europe : paper, practice, promise 467
32 Is mental illness inevitably stigmatising? 479
33 Mental health law : objectives and principles 491
34 The test of compulsion in mental health law : capacity, therapeutic benefit and dangerousness as possible criteria 499
35 The boundaries of madness 527
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