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New Medicalism and the Mental Health Act (Hardcover)
Loot Price: R3,229
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New Medicalism and the Mental Health Act (Hardcover)
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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.
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