New Medicalism and the Mental Health Act PDF Download
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Author: John Fanning
Publisher: Bloomsbury Publishing
ISBN: 1509907688
Category : Law
Languages : en
Pages : 294
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Book Description
Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
Author: John Fanning
Publisher: Bloomsbury Publishing
ISBN: 1509907688
Category : Law
Languages : en
Pages : 294
Get Book Here
Book Description
Ten years have passed since the Mental Health Act (MHA) 2007 came into force in England. An amending statute, the Act reformed the MHA 1983 and reshaped the law governing the compulsory care and treatment of people suffering from mental disorders. Primarily driven by concerns about risk, it sought to remove legalistic obstacles to civil commitment and extend the law's coercive reach into the community. At the time of its introduction, the 2007 Act was written off as a retrograde step and a missed opportunity for radical, rights-focused reform. Despite this, little attention has been paid to its impact in the years since. Published to coincide with the tenth anniversary of the 2007 Act, this book offers a timely evaluation of mental health law and policy in England. It argues that the current MHA defies easy categorisation within any of the descriptive models which have customarily narrated the mechanics of civil commitment, namely 'legalism', 'new legalism', and 'medicalism'. It therefore makes the case for a new model – new medicalism – to account for the 2007 Act's enhancement of the discretion of mental health professionals for the express purposes of facilitating the management of situations of risk. In doing so, the book: critically examines the problems inherent in civil commitment frameworks organised around the concept of risk; explores the theoretical foundations of new medicalism; considers the challenges facing proponents of future reform in the era of the UN Convention on the Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
Author: George Ikkos
Publisher: Cambridge University Press
ISBN: 1009040243
Category : Medical
Languages : en
Pages : 435
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Book Description
Mind, State and Society examines the reforms in psychiatry and mental health services in Britain during 1960–2010, when de-institutionalisation and community care coincided with the increasing dominance of ideologies of social liberalism, identity politics and neoliberal economics. Featuring contributions from leading academics, policymakers, mental health clinicians, service users and carers, it offers a rich and integrated picture of mental health, covering experiences from children to older people; employment to homelessness; women to LGBTQ+; refugees to black and minority ethnic groups; and faith communities and the military. It asks important questions such as: what happened to peoples' mental health? What was it like to receive mental health services? And how was it to work in or lead clinical care? Seeking answers to questions within the broader social-political context, this book considers the implications for modern society and future policy. This title is also available as Open Access on Cambridge Core.
Author: Kay Wilson
Publisher: Taylor & Francis
ISBN: 1000954781
Category : Law
Languages : en
Pages : 284
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Book Description
This book brings together contributions from twenty-three world-leading scholars and commentators that address a range of contemporary and pressing international themes in mental health, disability and criminal law. The authors use the work of internationally renowned academic, Emeritus Professor Bernadette McSherry, as a springboard to reflect on recent developments in these areas of law and to anticipate the future directions they may take. In doing so, they aim to inform and inspire a new generation of mental health, disability and criminal law scholars, advocates and reformers. The book is divided into four substantive sections: reforming mental health and disability law; regulating coercion and restrictive practices; improving access to justice and the criminal law; and transforming mental health law. It also includes an introduction from the editors and an afterword from Emeritus Professor McSherry. The book is aimed at regulators, policymakers, lawyers, clinicians, consumer advocates and academics who are interested in the urgent and contentious issues surrounding the reform and development of mental health, disability and criminal law. It will help them understand the key issues and problems and presents suggestions for reform. The book is interdisciplinary and international in its focus.
Author: Jonathan Herring
Publisher: Bloomsbury Publishing
ISBN: 1509949062
Category : Law
Languages : en
Pages : 336
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Book Description
This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide. Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy.
Author: Nick O’Brien
Publisher: Policy Press
ISBN: 1529230616
Category : Law
Languages : en
Pages : 169
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Book Description
In recent years, failures in health and social care, mental health services, public housing and education have dominated headlines and been the subject of much public debate. The means for addressing such concerns remain notably legalistic and subject to a particular brand of liberal legalism that stifles the possibility of transformational intervention. This book argues that there is urgent need for a radical reassessment of the way the law mediates between citizens and the state. Drawing on historical and comparative research, literary, pictorial and cinematic treatments, and the insights of the disability rights movement, Nick O’Brien examines how the everyday regulation of street-level bureaucracy can play an integral part in reimagining postliberal politics and the role of the law.
Author: Nicola Glover-Thomas
Publisher: Cambridge University Press
ISBN: 9780406946775
Category : Law
Languages : en
Pages : 276
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Book Description
A critical, in-depth analysis of the development of contemporary mental health law in its social and political contexts.
Author: Series, Lucy
Publisher: Policy Press
ISBN: 1529212006
Category : Law
Languages : en
Pages : 316
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Book Description
ePDF and ePUB available Open Access under CC-BY-NC licence. During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’. Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.
Author: Melanie Latham
Publisher: Routledge
ISBN: 0429489692
Category : Health & Fitness
Languages : en
Pages : 222
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Book Description
This book examines the legal, ethical and regulatory debates surrounding the rise of the cosmetic procedures industry. In the past, cosmetic procedures were often seen as limited to a small number of wealthy older women. Today, such procedures have gone mainstream, partly facilitated by the rise of ‘non-invasive’ techniques, such as the use of Botox and Dermal Fillers. While still a business dominated by the female consumer, there is also an increasing number of males undertaking cosmetic procedures as social expectations around appearance and ageing are challenged. At the same time, the rapid expansion of this business and the incoherent, diverse approach to its regulation have given rise to concern. It has been seen as a ‘Wild West’. If cosmetic procedures go wrong, such procedures give rise to real risks of harm. This book examines the historical backdrop, current practice and risks associated with cosmetic procedures. It discusses the ethical and regulatory challenges for this area. It also examines the current legal frameworks concerning people, practitioners and products in the UK. The book also draws lessons from regulatory approaches in other jurisdictions with particular reference to the United States, Brazil and France. It then sets out a legal and regulatory framework that might better protect and empower the cosmetic consumer, now and in the future. The book is likely to be of particular interest to those working in the areas of health and medical law, socio-legal studies and political science.
Author: Emily Jackson
Publisher:
ISBN: 0198825846
Category : Law
Languages : en
Pages : 1041
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Book Description
Providing a clear and accessible guide to medical law, this work contains extracts from a wide variety of academic materials so that students can acquire a good understanding of a range of different perspectives.
Author: Sara Fovargue
Publisher: Taylor & Francis
ISBN: 100090993X
Category : Law
Languages : en
Pages : 425
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Book Description
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.
