Until recently, 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 this debate. So far
the debars 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 it seeks to set an agenda
for radical law reform by recognizing 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.
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