In the complex and sometimes volatile area of mental health law, this volume provides ready access to key articles from around the world. Each article has been chosen for its definitive focus on critical issues. The work is divided into three parts. Part I: Principles looks thematically at questions concerning the role of capacity, coercion and compulsion in mental health law, together with an examination of the conflicting potential of the law to be both discriminatory and therapeutic. Part II: Process examines selected seminal empirical studies of process relating to diagnosis, compulsory admission, legal safeguards and treatment in the community. Part III: Trends adopts a broadly chronological lens critically to assess the past, examine persistent current dilemmas and speculate about an uncertain future. Key Features: * Provides an easy reference to seminal articles in mental health law * Brings together a cross-selection of articles on fundamental issues from around the world * Concluding section provides a critical analysis of the past and an assessment for the future; * Includes a substantial context setting introduction by the editor. Seminal Issues in Mental Health Law is a definitive reference for all those involved with this rapidly changing area.
Contents: Principles: The limitations of the legal approach to mental health, Kathleen Jones ; The ideology of entitlement: the application of contemporary legal approaches to psychiatry, Larry O. Gostin; Unreasonable rights: mental illness and the limits of the law, Nikolas Rose; Dying with their rights on, David A. Treffert; In defence of compulsory psychiatric intervention, A.W. Clare; The 3rd way in mental health policy: negative rights, positive rights, and the convention, Philip Fennell; Principles for the protection of persons with mental illness and for the improvement of mental health care, United Nations; 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?, Caroline Gendreau; Mental health law: institutionalised discrimination, T.D. Campbell; Advance directives for psychiatric care: a theoretical and practical overview for legal professionals, Elizabeth Gallagher; Putting mental health into mental health law, David B. Wexler; The Italian experience and its implications, Michele Tansella and Paul Williams; Reform of the Mental Health Act 1983: the relevance of capacity to make decisions, Michael Gunn. Process: On being sane in insane places, D.L. Rosenhan; Practices and attitudes among Swedish psychiatrists regarding the ethics of compulsory treatment, G. Kullgren, L. Jacobsson, N. Lynöe, R. Kohn and I. Levav; The 'pass-through' model of psychiatric emergency room assessment, Charles W. Lidz, Phyllis D. Coontz and Edward P. Mulvey; Coercion and commitment: understanding involuntary mental hospital admission, John Monahan, Steven K. Hoge, Charles W. Lidz, Loren H. Roth, Nancy Bennett, William Gardner and Edward P. Mulvey; Perceived coercion in mental hospital admission: pressures and process, Charles W. Lidz, Steven K. Hoge, William Gardner, Nancy S. Bennett, John Monahan, Edward P. Mulvey and Loren H. Roth; Flights of the mind, Kay Redfield Jamison; Consent a