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- Medicalism and the Mental Health Act book
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 on the Rights of Persons with Disabilities; and, reflects on the 2007 Act’s practical impact.
John Fanning is Lecturer in Law at the University of Liverpool.
August 2018 | 9781509907663 | 344pp | Hardback | RSP:
Discount Price for EAHL members: £60
Order online at www.hartpublishing.co.uk – use the code CV7 at the checkout to get 20% off your order!
To read about the book, please visit Hart Publishing company's website here.
- Message from Ukranian NCP on recent medical law books:
I present to you information on the books on medical law, which came out in 2018 in Ukraine and enriched the domestic scientific source base on medical law. The work of authors consists of monographs, textbooks, and methodical recommendations, prepared for such practitioners as medical staff, lawyers of the health care system, etc. I hope that the literary heritage has also enriched the international scientific treasury of medical law.
National Contact Person of EAHL in Ukraine
To read about the books, please, click here