Involuntary Detention And Therapeutic Jurisprudence

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Involuntary Detention and Therapeutic Jurisprudence

Author : Kate Diesfeld
Publisher : Routledge
ISBN 13 : 1351926268
Total Pages : 638 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Involuntary Detention and Therapeutic Jurisprudence by : Kate Diesfeld

Download or read book Involuntary Detention and Therapeutic Jurisprudence written by Kate Diesfeld and published by Routledge. This book was released on 2018-05-08 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?

Healthcare Decision-Making and the Law

Author : Mary Donnelly
Publisher : Cambridge University Press
ISBN 13 : 1139491849
Total Pages : 345 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Healthcare Decision-Making and the Law by : Mary Donnelly

Download or read book Healthcare Decision-Making and the Law written by Mary Donnelly and published by Cambridge University Press. This book was released on 2010-11-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the law's approach to healthcare decision-making critiques its liberal foundations in respect of three categories of people: adults with capacity, adults without capacity and adults who are subject to mental health legislation. Focusing primarily on the law in England and Wales, the analysis also draws on the law in the United States, legal positions in Australia, Canada, Ireland, New Zealand and Scotland and on the human rights protections provided by the ECHR and the Convention on the Rights of Persons with Disabilities. Having identified the limitations of a legal view of autonomy as primarily a principle of non-interference, Mary Donnelly questions the effectiveness of capacity as a gatekeeper for the right of autonomy and advocates both an increased role for human rights in developing the conceptual basis for the law and the grounding of future legal developments in a close empirical interrogation of the law in practice.

Rethinking Rights-Based Mental Health Laws

Author : Bernadette McSherry
Publisher : Bloomsbury Publishing
ISBN 13 : 1847315968
Total Pages : 464 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Rethinking Rights-Based Mental Health Laws by : Bernadette McSherry

Download or read book Rethinking Rights-Based Mental Health Laws written by Bernadette McSherry and published by Bloomsbury Publishing. This book was released on 2010-08-16 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.

Advanced Introduction to Mental Health Law

Author : Michael L. Perlin
Publisher : Edward Elgar Publishing
ISBN 13 : 1789903912
Total Pages : 263 pages
Book Rating : 4.7/5 (899 download)

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Book Synopsis Advanced Introduction to Mental Health Law by : Michael L. Perlin

Download or read book Advanced Introduction to Mental Health Law written by Michael L. Perlin and published by Edward Elgar Publishing. This book was released on 2021-01-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by esteemed legal scholar Michael L. Perlin, this indispensable Advanced Introduction examines the long-standing but ever-dynamic relationship between law and mental health. The author discusses and contextualises how the law, primarily in the United States but also in other countries, treats mental health, intellectual disabilities, and mental incapacity, giving examples of how issues such as the rights of patients, the death penalty and the insanity defense permeate constitutional, civil, and criminal matters, and indeed the general practice of law.

Disputes and Dilemmas in Health Law

Author : Ian R. Freckelton
Publisher : Federation Press
ISBN 13 : 9781862875531
Total Pages : 740 pages
Book Rating : 4.8/5 (755 download)

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Book Synopsis Disputes and Dilemmas in Health Law by : Ian R. Freckelton

Download or read book Disputes and Dilemmas in Health Law written by Ian R. Freckelton and published by Federation Press. This book was released on 2006 with total page 740 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book replaces the successful Controversies in Health Law. Under the same editorship and much the same authorship, it is substantially larger (30 chapters instead of 18) and correspondingly more comprehensive. It retains the lively analysis and the focus on controversial and cutting-edge problems. The chapters are broken up into parts covering Litigation and Liabilty; Reproductive Technologies; The Sequelae of the End of Life; Public Health; Ethical Frameworks and Dilemmas; Regulation; Human Rights and Therapeutic Jurisprudence; Research and Vulnerability and Information, Privacy and Confidentiality . They consider issues raised by new technologies, changing legislation and altering community expectations; by new regulatory processes for medicine and all of the health professions; by the fundamental changes to civil liability for medical negligence; by the fierce debate over the role of coroners. Disputes and Dilemmas in Health Law covers questions on property in human tissue and on the ethical and legal aspects of the genetics revolution; provides a modern take on "old" issues such as reproductive law; takes account of changes relating to expert evidence; and discusses how difficult cases in relation to psychiatric injury and wrongful life are pushing compensability to its edges.

Mental Health

Author : Nicholas Procter
Publisher : Cambridge University Press
ISBN 13 : 1107667720
Total Pages : 375 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Mental Health by : Nicholas Procter

Download or read book Mental Health written by Nicholas Procter and published by Cambridge University Press. This book was released on 2013-12-20 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mental Health: A Person-centred Approach aligns leading research with the human connections that can be made in mental health care.

International Human Rights and Mental Disability Law

Author : Michael L. Perlin
Publisher : Oxford University Press
ISBN 13 : 0195393236
Total Pages : 352 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis International Human Rights and Mental Disability Law by : Michael L. Perlin

Download or read book International Human Rights and Mental Disability Law written by Michael L. Perlin and published by Oxford University Press. This book was released on 2012 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.

A Prescription for Dignity

Author : Michael L. Perlin
Publisher : Routledge
ISBN 13 : 1317187059
Total Pages : 234 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis A Prescription for Dignity by : Michael L. Perlin

Download or read book A Prescription for Dignity written by Michael L. Perlin and published by Routledge. This book was released on 2016-03-16 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the influence of therapeutic jurisprudence, procedural justice, and restorative justice on the legal process. It considers all of these perspectives in the context of criminal justice system issues such as competency findings, the insanity defense, and sentencing. Demonstrating how the question of treatment of persons with mental disabilities in the criminal justice system is not only a vital one for both scholars and practitioners, but also a central facet of international human rights law, this book suggests policy development, further scholarly inquiries, and newly invigorated thinking and action to place dignity at the core of the criminal justice system.

Coercive Care

Author : Bernadette Mcsherry
Publisher : Routledge
ISBN 13 : 1135016577
Total Pages : 367 pages
Book Rating : 4.1/5 (35 download)

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Book Synopsis Coercive Care by : Bernadette Mcsherry

Download or read book Coercive Care written by Bernadette Mcsherry and published by Routledge. This book was released on 2013-06-26 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

The UN Convention on the Rights of Persons with Disabilities

Author : Ilias Bantekas
Publisher : Oxford University Press
ISBN 13 : 0192538691
Total Pages : 1633 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The UN Convention on the Rights of Persons with Disabilities by : Ilias Bantekas

Download or read book The UN Convention on the Rights of Persons with Disabilities written by Ilias Bantekas and published by Oxford University Press. This book was released on 2018-10-25 with total page 1633 pages. Available in PDF, EPUB and Kindle. Book excerpt: This treatise is a detailed article-by-article examination of the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Each article of the CRPD contains a methodical analysis of the preparatory works, followed by an exhaustive examination of the contents of each article based on case law and concluding observations from the CRPD Committee, judgments from national and international courts and tribunals, pertinent UN and other reports, the key literature on the article under review. The volume features commentary from a broad range of scholars across a variety of disciplines in order to provide a comprehensive study of the legal, psychological, education, sociological, and other aspects of the CPRD. This encyclopaedic commentary on the CRPD effectively covers all the issues arising from international disability law and practice, and will be an ideal resource for all working in the field.

Mental Disability and the Death Penalty

Author : Michael L. Perlin
Publisher : Rowman & Littlefield
ISBN 13 : 1442200561
Total Pages : 295 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Mental Disability and the Death Penalty by : Michael L. Perlin

Download or read book Mental Disability and the Death Penalty written by Michael L. Perlin and published by Rowman & Littlefield. This book was released on 2013 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: Michael Perlin shows how the administration of the death penalty deprives persons with mental disabilities of their constitutional rights, and how trial courts and prosecutors consciously flaunt the law. Using real life examples, he brings this often overlooked situation to light and calls for immediate change.

Trends in Autism Research

Author : O. T. Ryaskin
Publisher : Nova Publishers
ISBN 13 : 9781594540424
Total Pages : 254 pages
Book Rating : 4.5/5 (44 download)

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Book Synopsis Trends in Autism Research by : O. T. Ryaskin

Download or read book Trends in Autism Research written by O. T. Ryaskin and published by Nova Publishers. This book was released on 2004 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book brings together the latest research in the battle against autism. According to numerous news reports, the increase in special needs children has reached epidemic proportions in the United States. Autism is a complex developmental disability that typically appears during the first three years of life. The result of a neurological disorder that affects the functioning of the brain, autism and its associated behaviors have been estimated to occur in as many as 2 to 6 in 1,000 individuals. Autism is four times more prevalent in boys than girls and knows no racial, ethnic, or social boundaries. Autism is a spectrum disorder. The symptoms and characteristics of autism can present themselves in a wide variety of combinations, from mild to severe. Although autism is defined by a certain set of behaviors, children and adults can exhibit any combination of the behaviors in any degree of severity. People with autism process and respond to information in unique ways. In some cases, aggressive and/or self-injurious behavior may be present.

The Use of Coercive Measures in Forensic Psychiatric Care

Author : Birgit Völlm
Publisher : Springer
ISBN 13 : 3319267485
Total Pages : 329 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Use of Coercive Measures in Forensic Psychiatric Care by : Birgit Völlm

Download or read book The Use of Coercive Measures in Forensic Psychiatric Care written by Birgit Völlm and published by Springer. This book was released on 2016-05-02 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents the legal context and describes the ethical and practical challenges when using coercive measures in forensic psychiatric settings. A wide range of aspects relevant to the use of such measures, including environmental, patient-related, and staff-related factors, are explored, and the experience of coercive interventions is described from the staff and the patient perspective. Differences in jurisdictions and examples of good practice are highlighted. The authors are from a range of professional backgrounds, ensuring breadth as well as depth in discussion of the topic. The use of coercive measures, in particular restraint, seclusion, and involuntary medication, for the control of aggression in psychiatry remains controversial. Forensic mental health care deals with individuals who pose a risk to others and often present with significant management problems within institutions. The care of patients in these settings gives rise to debates about the balance between care and safety, and between the interests of the patients and those of the wider society to be protected. Despite these tensions, limited research has been conducted specifically on the use of coercive measures in forensic mental health care. This volume aims to fill the gap and will be of value to all professionals working in forensic psychiatric settings as well as to those working in general psychiatric and custodial settings, law professionals, and patients.

The Irish Yearbook of International Law, Volumes 4-5, 2009-10

Author : Fiona de Londras
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319505
Total Pages : 441 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Irish Yearbook of International Law, Volumes 4-5, 2009-10 by : Fiona de Londras

Download or read book The Irish Yearbook of International Law, Volumes 4-5, 2009-10 written by Fiona de Londras and published by Bloomsbury Publishing. This book was released on 2012-05-28 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

The Routledge Handbook of International Crime and Justice Studies

Author : Bruce Arrigo
Publisher : Routledge
ISBN 13 : 1136868496
Total Pages : 915 pages
Book Rating : 4.1/5 (368 download)

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Book Synopsis The Routledge Handbook of International Crime and Justice Studies by : Bruce Arrigo

Download or read book The Routledge Handbook of International Crime and Justice Studies written by Bruce Arrigo and published by Routledge. This book was released on 2013-08-15 with total page 915 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Crime and Justice Studies presents the enduring debates and emerging challenges in crime and justice studies from an international and multi-disciplinary perspective. Guided by the pivotal, although vastly under-examined, role that consumerism, politics, technology, and culture assume in shaping these debates and in organizing these challenges, individual chapters probe the global landscape of crime and justice with astonishing clarity and remarkable depth. A distinguished collection of experts examine the interdisciplinary field of international crime and justice. Their contributions are divided into thematic sections, including: theory, culture, and society industries of crime and justice: systems of policing, law, corrections and punishment the criminal enterprise global technologies media, crime, and culture green criminology political violence public health criminology the political economy of crime and justice. All the chapters include full pedagogy and instructional resources for easy referencing or classroom use. This Handbook will be useful for students, scholars and practitioners of law, medicine, history, economics, sociology, politics, philosophy, education, public health, and social policy.

The Treatment of Eating Disorders

Author : Carlos M. Grilo
Publisher : Guilford Press
ISBN 13 : 1609184955
Total Pages : 625 pages
Book Rating : 4.6/5 (91 download)

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Book Synopsis The Treatment of Eating Disorders by : Carlos M. Grilo

Download or read book The Treatment of Eating Disorders written by Carlos M. Grilo and published by Guilford Press. This book was released on 2011-03-18 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading international experts on eating disorders describe the most effective treatments and explain how to implement them, including coverage of psychosocial, family-based, medical, and nutritional therapies.

Sexuality, Disability, and the Law

Author : M. Perlin
Publisher : Springer
ISBN 13 : 1137481080
Total Pages : 209 pages
Book Rating : 4.1/5 (374 download)

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Book Synopsis Sexuality, Disability, and the Law by : M. Perlin

Download or read book Sexuality, Disability, and the Law written by M. Perlin and published by Springer. This book was released on 2016-04-08 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sexuality, Disability, and the Law approaches issues of sexual autonomy and disability from multiple perspectives, including constitutional law, international human rights, therapeutic jurisprudence, history, cognitive psychology, dignity studies, and theories and findings on gender constructs and societal norms. Perlin and Lynch determine that if our society continues to assert that persons with mental disabilities possess a primitive morality, we allow ourselves to censor their feelings and their actions. By denying their ability and desires to show love and affection, we justify this disparate treatment. Our reliance on stereotypes has warped our attitudes and our policies, and has allowed us to avoid important issues of humanity and of dignity that should be at the basis of any policies that affect this population.