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Law Without Enforcement: Integrating Mental Health and Justice

Edited by: Nigel Eastman, Jill Peay

ISBN13: 9781901362756
ISBN: 1901362752
Published: March 1999
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £59.99



Despatched in 5 to 7 days.

Law relating to mental disorder and to the mentally disordered has rarely been the subject of such extensive and heated debate. This book explores and reflects upon that debate. To date the 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 marginalised and it seeks to set an agenda for radical law reform by recognising 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.

Subjects:
Medical Law and Bioethics
Contents:
Law without enforcement - theory and practice, Nigel Eastman and Jill Peay
mental health law - objectives and principles, William Bingley and Chris Heginbotham
mental and physical illness - an unsustainable separation?, Eric Matthews
public policy via law - practitioner's sword and politician's shield, Chris Heginbotham and Tony Elson
client and clinician - law as an intrusion - Fiona Caldicott, Edna Conlan and Anthony Zigmond
law as a clinical tool, Ian Bynoe and Tony Holland
law as a rights protector - assessing the Mental Health Act 1983, Genevra Richardson and Oliver Thorold
the citizen mental patient, Peter Barham and Marian Barnes
auditing the effectiveness of mental health law, Nick Bosanquet
madness and moral panics, Geoffrey Pearson
decision making and mental health law, Annie Bartlett and Lawrence Phillips
researching law, Bram Oppenheim
afterword - integrating mental health and justice, Nigel Eastman and Jill Peay
case list.