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Law Without Enforcement

Integrating Mental Health and Justice

By: Nigel Eastman, Jill Peay
Media of Law Without Enforcement
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Published: 01-03-1999
Format: PDF eBook (?)
Edition: 1st
Extent: 256
ISBN: 9781847312624
Imprint: Hart Publishing
RRP: £39.59
Online price : £31.67
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About Law Without Enforcement

Law relating to mental disorder and to the mentally disordered has rarely been the subject of such extensive and heated debate. This book explores and reflects upon that debate. To date the focus has been on the tension between public protection and individual civil rights,since much of its impetus has derived from 'notorious' homicides in the community and been directed towards calls for a 'community treatment order'. The debate encapsulated here is more comprehensive, going to the heart of the nature of mental illness and its impacts on legal capacity, juxtaposing constructs which arise out of profoundly differing disciplines. The book concludes that the contribution of current mental health legislation is both marginal and marginalised and it seeks to set an agenda for radical law reform by recognising that asking questions may, at this stage, be more valuable than providing hasty answers. Many of the chapters deal with the recent Bournewood decision in the House of Lords.

Table Of Contents

1. Law Without Enforcement: Theory and Practice
Nigel Eastman and Jill Peay

2. Mental Health Law: Objectives and Principles
William Bingley and Chris Heginbotham

3. Mental and Physical Illness: An Unsustainable Separation?
Eric Matthews

4. Public Policy via Law: Practitioner's Sword and Politician's Shield
Chris Heginbotham and Tony Elson

5. Client and Clinician: Law as an Intrusion
Fiona Caldicott, Edna Conlan and Anthony Zigmond

6. Law as a Clinical Tool: Practising Within and Outwith the Law
Ian Bynoe and Tony Holland

7. Law as a Rights Protector: Assessing the Mental Health Act 1983
Genevra Richardson and Oliver Thorold

8. The Citizen Mental Patient
Peter Barham and Marian Barnes

9. Auditing the Effectiveness of Mental Health Law
Nick Bosanquet

10. Madness and Moral Panics
Geoffrey Pearson

11. Decision Making and Mental Health Law
Annie Bartlett and Lawrence Phillips

12. Researching Law
Bram Oppenheim

13. Afterword: Integrating Mental Health and Justice
Nigel Eastman and Jill Peay


“…a must for anyone working in mental health care.The book is a detailed examination of the issues which the current review of mental health legislation ought to address.the contributors put together a convincing argument for new legislation that would root out the contradictions and conflicts and halt the damaging conflation between mental illness and violence towards others.” –  Catherine Jackson, Mental Health Care

“The book is brimming over with reflections, ideas and proposals, some (inevitably) easier to follow than othersit is the combined efforts of all the contributors that makes this book so worthy of priority reading.” –  John Horne, Journal of Mental Health Law

“For those interested in mental health law this book is manna from heaven.” –  Philip T Bean, Howard Journal of Criminal Justice

“I recommend that Government ministers read it and reconsider.” –  Simon Foster, OpenMind

“..The overall impression formed by this book, for someone who has tried to keep up to date with developing ideas, is of a dam busting.It produces a series of insights which are thought-provoking at worst and revelatory at best.Those who wish to understand better the intellectual background from which the scooping committee is working should read this book.” –  Alan Parkin, Journal of Social Welfare and Family Law

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