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Author: Cressida Auckland
Publisher: Cambridge University Press
ISBN: 1009482076
Category : Law
Languages : en
Pages : 339
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Book Description
Drawing on literature from law, philosophy and psychiatry, this book interrogates whether the law adequately addresses how disorder affects decision-making.
Author: Cressida Auckland
Publisher: Cambridge University Press
ISBN: 1009482076
Category : Law
Languages : en
Pages : 339
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Book Description
Drawing on literature from law, philosophy and psychiatry, this book interrogates whether the law adequately addresses how disorder affects decision-making.
Author: Great Britain: Department for Constitutional Affairs
Publisher: The Stationery Office
ISBN: 9780117037564
Category : Law
Languages : en
Pages : 468
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Book Description
The Mental capacity Act 2005 provides a statutory framework for people who lack the capacity to make decisions for themselves, or for people who want to make provision for a time when they will be unable to make their own decisions. This code of practice, which has statutory force, provides information and guidance about how the Act should work in practice. It explains the principles behind the Act, defines when someone is incapable of making their own decisions and explains what is meant by acting in someone's best interests. It describes the role of the new Court of Protection and the role of Independent Mental Capacity Advocates and sets out the role of the Public Guardian. It also covers medical treatment and the way disputes can be resolved.
Author:
Publisher:
ISBN:
Category : African Americans
Languages : en
Pages : 28
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Book Description
Author: Bernadette Mcsherry
Publisher: Routledge
ISBN: 1135016577
Category : Law
Languages : en
Pages : 367
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Book Description
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.
Author: Camillia Kong
Publisher: Cambridge University Press
ISBN: 1107164001
Category : Education
Languages : en
Pages : 276
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Book Description
An interdisciplinary text that investigates mental capacity and considers how relationships can affect an individual's ability to make decisions.
Author: John Deigh
Publisher: Oxford University Press
ISBN: 019045427X
Category : Philosophy
Languages : en
Pages : 264
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Book Description
Emotions, Values, and the Law brings together ten of John Deigh's essays written over the past fifteen years. In the first five essays, Deigh ask questions about the nature of emotions and the relation of evaluative judgment to the intentionality of emotions, and critically examines the cognitivist theories of emotion that have dominated philosophy and psychology over the past thirty years. A central criticism of these theories is that they do not satisfactorily account for the emotions of babies or animals other than human beings. Drawing on this criticism, Deigh develops an alternative theory of the intentionality of emotions on which the education of emotions explains how human emotions, which innately contain no evaluative thought, come to have evaluative judgments as their principal cognitive component. The second group of five essays challenge the idea of the voluntary as essential to understanding moral responsibility, moral commitment, political obligation, and other moral and political phenomena that have traditionally been thought to depend on people's will. Each of these studies focuses on a different aspect of our common moral and political life and shows, contrary to conventional opinion, that it does not depend on voluntary action or the exercise of a will constituted solely by rational thought. Together, the essays in this collection represent an effort to shift our understanding of the phenomena traditionally studied in moral and political philosophy from that of their being products of reason and will, operating independently of feeling and sentiment to that of their being manifestations of the work of emotion. "Deigh's writing is clear and precise, his arguments are strong, and he uses a wide range of real world examples that give his essays a vibrant and very readable character." - Notre Dame Philosophical Reviews "I believe that Deigh is as clear-headed and insightful a philosopher as is currently at work today in the areas of moral, political, and legal philosophy and moral psychology, and I believe these essays beautifully demonstrate his many virtues." - Herbert Morris, University of California, Low Angeles Law School "[John Deigh] has acquired a very good knowledge of a field which he has very much made his own. No one writes better or thinks more productively on that area of thought where the theory of the emotions, psychoanalysis, value theory, and the theory of law intersect. And if we closely connect the name Deigh with this particular concatenation of topics, I believe that very soon there will be a number of voices clamoring to be heard in this area." - Richard Wollheim, University of California, Berkeley
Author:
Publisher: American Bar Association
ISBN:
Category : Psychology
Languages : en
Pages : 152
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Book Description
Author: Great Britain. Department of Health
Publisher: The Stationery Office
ISBN: 9780113228096
Category : Business & Economics
Languages : en
Pages : 396
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Book Description
This Code of Practice is a reference tool for those dealing with, and caring for people admitted to hospital and care homes with mental health problems. Authored by the Department of Health and produced following wide consultation with those who provide and receive services under the Mental Health Act, this publication will come into force on 3 November 2008. Through the Mental Health Act 2007, the Government has updated the 1983 Act to ensure it keeps pace with the changes in the way that mental health services are - and need to be - delivered. This publication provides guidance and advice to registered medical practitioners, approved clinicians, managers and staff of hospitals, and approved mental health professionals on how they should proceed when undertaking duties under the Act. It also gives guidance to doctors and other professionals about certain aspects of medical treatment for mental disorder more generally. The Mental Health Act Code of Practice is also aimed at all of those working in primary care, Mental Health Trusts, NHS Foundation Trusts as well as solicitors and attorneys who advise on mental health law. The Code should also be beneficial to the police and ambulance services and others in health and social services (including the independent and voluntary sectors) involved in providing services to people who are, or may become, subject to compulsory measures under the Act. It will also be a guide for those working with people with specific mental health needs such as those in nursing and care homes, and those in prison.
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: Susan Farrall
Publisher: Cambridge Scholars Publishing
ISBN: 1443832499
Category : Law
Languages : en
Pages : 415
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Book Description
This book raises the question of whether the values or value system of a competent person, when they have been disclosed in a living will, could play a role in medical treatment decision-making processes under the Mental Capacity Act 2005. The investigation seeks to address a contemporary issue in medical law that directly or indirectly affects many members of society. It arises out of the fact that medical scientific and technological advances are helping people to live for longer. This is consistent with the medical purpose which is to preserve the life, health and well-being of patients. However, medical advances that contribute to people living longer have precipitated a proportionate rise in diseases such as dementia. Likewise medical innovations that enable physicians to artificially preserve and maintain life ensure that fewer people die following serious injury or illness but will inevitably preserve the life of some where mental functioning is unduly compromised. Whether through injury or disease, patients who suffer a permanent loss of decision-making capacity will be incapable of exercising autonomy to safeguard their own body, life and life plan. As a result, provisions of the MCA governing who decides and the principles on which they should decide how best to act are set to become increasingly relevant to many more people. On that basis the author examines the ethical underpinnings of the law to show why autonomy, not medical beneficence, has succeeded in becoming the primary principle of medical law in respect of the capable patient. Next, the author investigates whether principles that are relevant to capable patients inform the law related to mentally incapacitated patients also. Accordingly, this study is ultimately concerned with the circumstances under which the Mental Capacity Act 2005 authorises the administration of a medical treatment in respect of formerly competent patients; shows why the law might fail to deliver what it promises in respect of this patient group and suggests ways for how the law might be made to work better. This research is timely and could benefit many people. The range of issues covered in this book will appeal to a wide readership, including medical ethics and law students and tutors, medical and legal professionals and interested members of the public.
