From status to contract: A future for mental health law

Authors
Citation
D. Carson, From status to contract: A future for mental health law, BEH SCI LAW, 17(5), 1999, pp. 645-660
Citations number
17
Language
INGLESE
art.tipo
Article
Categorie Soggetti
Psycology
Journal title
BEHAVIORAL SCIENCES & THE LAW
ISSN journal
0735-3936 → ACNP
Volume
17
Issue
5
Year of publication
1999
Pages
645 - 660
Database
ISI
SICI code
0735-3936(1999)17:5<645:FSTCAF>2.0.ZU;2-5
Abstract
Given the many complex issues and interests involved it is hardly surprisin g that mental health is a controversial topic. The law has a critical role in protecting interests and balancing claims. But the law is a major part o f the problem. Indeed analysis of its role in producing antitherapeutic out comes led to the development of therapeutic jurisprudence. And we keep chan ging the law; for example on 16 October, 1999 the British Government announ ced proposals for radical reform of the mental health laws of England and W ales which, in the current form, were heavily influenced by developments in the United States of America. A major problem, it is submitted, is that we do not have an agreed model of the law, upon which to develop an appropria te structure for the delivery of mental health services. Currently we empha sis 'status', which puts a premium upon drawing distinctions which it is di fficult, if not unrealistic, to achieve in practice. Another approach would be to emphasize the centrality of the relationship between the patient, or client, and the inter-disciplinary team of people providing him or her wit h services. This approach, outlined and argued for in this article, would i nvolve developing the law of contract. Copyright (C) 1999 John Wiley & Sons , Ltd.