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Bringing together several perpectives from a number of distinguished academic lawyers, criminologists, psychologists and psychiatrists, this book addresses the important issues which lie at the forefront of decision making and policy in criminal justice and health care.
Phil Fennell's tightly argued study traces the history of treatment of mental disorder in Britain over the last 150 years. He focuses specifically on treatment of mental disorder without consent within psychiatric practice, and on the legal position which has allowed it. Treatment Without Consent examines many controversial areas: the use of high-strength drugs and Electro Convulsive Therapy, physical restraint and the vexed issue of the sterilisation of people with learning disabilities. Changing notions of consent are discussed, from the common perception that relatives are able to consent on behalf of the patient, to present-day statutory and common law rules, and recent Law Commission recommendations. This work brings a complex and intriguing area to life; it includes a table of legal sources and an extensive bibliography. It is essential reading for historians, lawyers and all those who are interested in the treatment of mental disorder.
"This practical book provides all professionals, particularly legal representatives, with an accessible and up-to-date guide to Mental Health Tribunals, including: a concise overview of the human rights and policy background, analysis of the legal definition of mental disorder and use of compulsory powers, a clear statement of the tribunal powers applicable to offender and non-offender patients, unrestricted patients and community patients, a chronological account of the procedure and operation of the tribunals, an outline of the typical procedural steps for a patient's representative, review of the public funding position. Uniquely, the authors explain where the law, rules and procedures differ between England and Wales and the rules for each tribunal are conveniently set out in comprehensive appendix materials. This book will be invaluable to those seeking accreditation of re-accreditation under the Law Society's Mental Health Accreditation Scheme"--P. [4] of cover.
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces writte
This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.
This is a comprehensive reference book on the subject of forensic mental health, looking at what forensic mental health is and its assessment, management and treatment. It focuses on key topics and the issues underpinning them in contemporary society. The book includes: an account of the historical development of forensic mental health, along with a description of the three mental health systems operating in the UK an in-depth analysis of the forensic mental health process and system, including an analysis of the different systems applied for juveniles and adults an examination of the main issues in forensic mental health including sex offending, personality disorders and addiction a breakdown of the key skills needed for forensic mental health practice. This is an authoritative reference book which will be a crucial text for practitioners, academics and students in the forensic mental health field.
This is a book about readers on the move in the age of Victorian empire. It examines the libraries and reading habits of five reading constituencies from the long nineteenth century: shipboard emigrants, Australian convicts, Scottish settlers, polar explorers, and troops in the First World War. What was the role of reading in extreme circumstances? How were new meanings made under strange skies? How was reading connected with mobile communities in an age of expansion? Uncovering a vast range of sources from the period, from diaries, periodicals, and literary culture, Bill Bell reveals some remarkable and unanticipated insights into the way that reading operated within and upon the British Empire for over a century.
Like many 19th century Irish immigrants, Thomas McCarthy Fennell arrived in the United States to start a new life. Unlike other Irishmen, however, Fennell arrived on America’s West coast by ship. He was a thirty year old ex-convict recently discharged from an Australian prison. As a condition of release he could not return to his native land. His crime? Treason, or as the Crown’s trial judge put it, “compassing” against Queen Victoria. In the tumultuous 1860s Fennell organized Fenians – Irish and Irish-American Nationalists who sought by force to rid Ireland of Britain’s dominance. He fought and was wounded in the 1867 Uprising, hardly a footnote in history, yet England’s great...
Divided into two parts, this text examines both the general principles that permeate medical law and issues which arise in relation to specific areas of medical treatment.
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.