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The Future of Mental Health, Disability and Criminal Law
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 coer...
Safeguarding the Quality of Forensic Assessment in Sentencing
This edited collection provides an interdisciplinary and cross-national perspective on safeguarding the quality of forensic assessment in sentencing offenders. Taking an in-depth look at seven different Western countries, each chapter provides an overview of the role of assessment in sentencing offenders, as well as a focus on formal ways in which the respective country’s legal system and disciplinary associations protect the quality of forensic assessment. Each chapter explores how to assure better decision making in individual cases based on assessments of psycholegal concepts such as mental disorder/insanity, criminal responsibility and dangerousness. Combining the perspectives of lawyers, legal scholars, and clinicians working in the field, this book is essential for those working in and with forensic assessment. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons [Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND)] 4.0 license.
Research Handbook on Law and Emotion
This illuminating Research Handbook analyses the role that emotions play and ought to play in legal reasoning and practice, rejecting the simplistic distinction between reason and emotion.
Crime Online
This text provides an account and an analysis of key issues within the field of cybercrime. It focuses on different constructions and manifestations of cybercrime and diverse responses to its regulation.
Critical Perspectives on Coercive Interventions
Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading res...
The Disabled Contract
Beaudry shows how the social contract fails to take account of the moral status of people with severe intellectual disabilities.
Mental Health Law
The debate about whether mental health law should be abolished or reformed emerged during the negotiations of the Convention on the Right of Persons with Disabilities (CRPD) and has raged fiercely for over a decade. It has resulted in an impasse between abolitionists, States Parties, and other reformers and a literature which has devolved into 'camps'. Mental Health Law: Abolish or Reform? aims to break new ground by cutting through the confusion using the tools of human rights treaty interpretation backed by a deep jurisprudential analysis of core CRPD concepts - dignity (including autonomy), equality, and participation - to gain a clearer understanding of the meaning of the CRPD and what i...
Not Waving, Drowning
How can we mend Australia’s broken mental health system? Mental illness is the great isolator - and the great unifier. Almost half of us will suffer from it at some point in our lives; it affects everybody in one way or another. Yet today Australia's mental health system is under stress and not fit for purpose, and the pandemic is only making things worse. What is to be done? In this brilliant mix of portraiture and analysis, Sarah Krasnostein tells the stories of three women and their treatment by the state while at their most unwell. What do their experiences tell us about the likelihood of institutional and cultural change? Krasnostein argues that we live in a society that often punishe...
Law, Drugs and the Making of Addiction
This book considers how largely accepted ‘legal truths’ about drugs and addiction are made and sustained through practices of lawyering. Lawyers play a vital and largely underappreciated role in constituting legal certainties about substances and ‘addiction’, including links between alcohol and other drugs, and phenomena such as family violence. Such practices exacerbate, sustain and stabilise ‘addicted’ realities, with a range of implications – many of them seemingly unjust – for people who use alcohol and other drugs. This book explores these issues, drawing upon data collected for a major international study on alcohol and other drugs in the law, including interviews with ...
