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New Medicalism and the Mental Health Act

Autor Dr John Fanning
en Limba Engleză Paperback – 25 noi 2020
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 onthe Rights of Persons with Disabilities; and, reflects on the 2007 Act's practical impact.
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Specificații

ISBN-13: 9781509943739
ISBN-10: 1509943730
Pagini: 344
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.48 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Offers an alternative, risk based approach to legislating in the field of mental health.

Notă biografică

John Fanning is Lecturer in Law at the University of Liverpool.

Cuprins

1. The Mechanics of Mental Health Law in England 2. The Centrality of Risk in the Mental Health Act and its Consequences 3. New Medicalism and the Mental Health Act 2007 4. Theorising New Medicalism 5. New Medicalism and Human Rights 6. Evaluating the Impact of the Mental Health Act 2007 7. Reflections on New Medicalism

Recenzii

[T]his book contains lots of substance. It gives a well-researched and -referenced account of the mental health law reform debates in England and Wales from the mid-1990s to the Brexit era.