Principles of Mental Health Law and Policy Hardcover – 25 Mar 2010
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It combines in depth, stimulating and broad analysis such as the excellent introductory "History and Context of Mental Health Law and Policy" with chapters of detailed practical application... extremely worthwhile (Bill Leason Mental Health Law Partner - Hempsons)
This impressive and wide-ranging work will be of value to lawyers and other mental health practitioners, policy-makers, and academics seeking to navigate this complex field. (Helen Mountfield QC, Matrix Chambers)
A rich resource for both practitioners and academics as well as laymen. (Phillip Taylor MBE, Richmond Green Chambers)
This book provides an extremely helpful digest of recent academic thinking and writing about the way society treats some of its most vulnerable members. Practitioners will benefit from its careful analysis of the law and changes within it. (David Hewitt, Partner (Healthcare), Weightmans LLP)
Principles of Mental Health Law and Policy is vital for anyone with an interest in the entire mechanics of mental health practice. The book accomplishes its ambitious and diverse aims, ensuring that readers from a range of backgrounds gain something of value from it. Its broad readership can look forward to future editions. (John Fanning, Medical Law Review)
About the Author
Larry Gostin is Associate Dean and the Linda D. and Timothy J. O'Neill Professor of Global Health Law at the Georgetown University Law Center, where he directs the O'Neill Institute for National and Global Health Law. He is also Professor of Public Health at the Johns Hopkins University and Director of the Center for Law & the Public's Health at Johns Hopkins and Georgetown Universities. Larry Gostin is Visiting Professor of Public Health (Faculty of Medical Sciences) and Research Fellow (Centre for Socio-Legal Studies) at Oxford University. He is the Health Law and Ethics Editor, Contributing Writer, and Columnist for the Journal of the American Medical Association. Following two degrees in philosophy at the University of Toronto, Peter Bartlett read law at Osgoode Hall Law School of York University, Canada. After his call to the bar in 1988, he served as Law Clerk to the Justice of the Ontario High Court and then as research associate to the Ontario Enquiry on Mental Competency. He obtained his doctorate in 1993, and joined the School of Law at the University of Nottingham, where in April 2005 he was appointed to the Nottinghamshire Healthcare NHS Trust Chair in Mental Health Law. His major research and teaching interests lie in the areas of socio-legal history (particularly as it relates to queer studies and to mental health), and health care law (particularly mental health law). Philip Fennell is a Professor of Law in Cardiff Law School, University of Wales, College of Cardiff, where he teaches Medical Law, Public Law and Human Rights. He has published many articles on law and psychiatry. His book entitled Treatment Without Consent: Law, Psychiatry and the Treatment of Mental Disorder since 1845, was published by Routledge in 1996. Philip Fennell is a member of the Law Society's Mental Health and Disability Committee and was a member of the Mental Health Act Commission from 1983-1989. From November 2004 to March 2005 he served as specialist legal adviser to the Joint Parliamentary Scrutiny Committee on the Draft Mental Health Bill 2004. In November 2006 he was appointed specialist legal adviser to the Parliamentary Joint Committee on Human Rights for the Committee's scrutiny of the Mental Health Bill 2006. Jean McHale is Professor of Health Care Law and Director of the Institute of Medical Law at the University of Bimingham Law School. She has taught previously at the Universities of Leceister, East Anglia, Nottingham and Manchester. Her research interests are in the area of health care law. She is a member of the editorial board of the Medical Law Review Ronald D. Mackay is Professor of Criminal Policy and Mental Health at Leicester De Montfort Law School. He specialises in Criminal Law, Medical Law, Law and Psychiatry and Mental Health Law and has written and published widely in these subject areas. He is one of the United Kingdom's leading experts on Mental Condition Defences and is author of the leading text on this subject entitled Mental Condition Defences in the Criminal Law (Oxford University Press 1995).
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An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
Many will agree that mental health law is confusing and the editors begin their Preface by writing of the shameful history of "benign, and sometimes malignant, neglect of persons with mental illness" from the past where the law plays a vital role in determining where persons with mental illness live, work and endure their everyday experiences. We now have a work which explains things in proper detail.
So, it's with this backdrop that the 5 recognised experts in this function of law have come together to provide a statement of the principles for an area of law which is principally domestic in origin but now shaped by international norms and, inevitably, human rights. In 28 main chapters and 1,000 pages, the ambitious and diverse goals of the book are uncovered.
The editors say that the book is doctrinal because it carefully examines the corpus of mental health law, regulation and guidance. As a result it's a rich resource for both practitioners and academics as well as laymen. The authors go beyond this aim to examine the theoretical and normative, offering perspectives on progressive mental health policy and examining empirical evidence such as tribunal functions and community treatment orders.
What is equally admirable about the book is the intended audience which is a clearly diverse and robust one. The text is widely accessible to all and the writers have succeeded in reaching a broad constituency ranging from law and government, health professionals, social work and those concerned for the welfare of one of the most vulnerable and disadvantaged populations in our society.
The way the five parts of the book are assembled is by giving the individual editors specific chapters to cover in the detail they are familiar with. It's a heavy work in all senses and strives successfully to become what it will undoubtedly achieve now and that is an enduring resource for all involved in the humanity and welfare of persons living with mental disabilities.
Each of the excellent experts does achieve this interwoven set of goals to create a statement of mental health law principles which are so needed at the present time after the indecisions of past parliaments.