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Causation is an issue that is fundamental in both law and medicine,
as well as the interface between the two disciplines. It is vital
for the resolution of a great many disputes in court concerning
personal injuries, medical negligence, criminal law and coronial
issues, as well as in the provision of both diagnoses and treatment
in medicine. This book offers a vital analysis of issues such as
causation in law and medicine, issues of causal responsibility,
agency and harm in criminal law, causation in forensic medicine,
scientific and statistical approaches to causation, proof of cause,
influence and effect, and causal responsibility in tort law.
Including contributions from a number of distinguished doctors,
lawyers and scientists, it will be of great interest and value to
academics and practitioners alike.
There has been much debate about mental health law reform and
mental capacity legislation in recent years with the UN Convention
on the Rights of Persons with Disabilities also having a major
impact on thinking about the issue. This edited volume explores the
concept of 'coercive care' in relation to individuals such as those
with severe mental illnesses, those with intellectual and cognitive
disabilities and those with substance use problems. With a focus on
choice and capacity the book explores the impact of and challenges
posed by the provision of care in an involuntary environment. The
contributors to the book look at mental health, capacity and
vulnerable adult's care as well as the law related to those areas.
The book is split into four parts which cover: human rights and
coercive care; legal capacity and coercive care; the legal
coordination of coercive care and coercive care and individuals
with cognitive impairments. The book covers new ground by exploring
issues arising from the coercion of persons with various
disabilities and vulnerabilities, helping to illustrate how the
capacity to provide consent to treatment and care is impaired by
reason of their condition.
There has been much debate about mental health law reform and
mental capacity legislation in recent years with the UN Convention
on the Rights of Persons with Disabilities also having a major
impact on thinking about the issue. This edited volume explores the
concept of 'coercive care' in relation to individuals such as those
with severe mental illnesses, those with intellectual and cognitive
disabilities and those with substance use problems. With a focus on
choice and capacity the book explores the impact of and challenges
posed by the provision of care in an involuntary environment. The
contributors to the book look at mental health, capacity and
vulnerable adult's care as well as the law related to those areas.
The book is split into four parts which cover: human rights and
coercive care; legal capacity and coercive care; the legal
coordination of coercive care and coercive care and individuals
with cognitive impairments. The book covers new ground by exploring
issues arising from the coercion of persons with various
disabilities and vulnerabilities, helping to illustrate how the
capacity to provide consent to treatment and care is impaired by
reason of their condition.
International developments within the last twenty years have
demonstrated controversial shifts in treatment for people with
mental illnesses and the care of persons with intellectual
disabilities. These shifts have been apparent in an emphasis on
deinstitutionalization, increased scrutiny of detention and
discharge decisions and, in some countries, in enforced treatment
and care in the community. As we become increasingly conscious of
the political and moral dimensions of civil commitment, these
concerns are reflected in the professional literature, but this
does not often enough focus on issues of clinical and legal
principle, nor is it in a form which encourages comparative
analysis. This collection draws on contributors from the UK, the
USA, Australia, the Netherlands, Canada and New Zealand, who share
a commitment to evaluating whether the civil detention processes
protect the liberty, dignity and justice interests of those with
mental illnesses and intellectual disabilities. The book is written
from a therapeutic jurisprudence perspective and poses a number of
questions with international application, such as: Are more
categories of people being detained? Is involuntary detention
serving new purposes? Are different forms of detention gaining
credence and being more widely utilized? And, are admission
decisions and review of detention decisions transparent,
consistent, and just?
Causation is an issue that is fundamental in both law and medicine,
as well as the interface between the two disciplines. It is vital
for the resolution of a great many disputes in court concerning
personal injuries, medical negligence, criminal law and coronial
issues, as well as in the provision of both diagnoses and treatment
in medicine. This book offers a vital analysis of issues such as
causation in law and medicine, issues of causal responsibility,
agency and harm in criminal law, causation in forensic medicine,
scientific and statistical approaches to causation, proof of cause,
influence and effect, and causal responsibility in tort law.
Including contributions from a number of distinguished doctors,
lawyers and scientists, it will be of great interest and value to
academics and practitioners alike.
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