Medical Law

Critical Perspectives on Coercive Interventions: Law, Medicine and Society

Edited by Claire Spivakovsky · Kate Seear · Adrian Carter
Routledge March 2021

Specifications

ISBN-13
9780367482442
Publisher
Routledge
Publication
March 2021
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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Details

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions.

Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights from leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’.

This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.

Table of Contents

Introduction: Coercive Interventions in Law and Medicine: Setting the Scene
Claire Spivakovsky, Kate Seear and Adrian Carter
Part I: Examining Foundations for Coercive Interventions in Law and Medicine
1. From Coerced to Compulsory Treatment of Addiction in The Patient’s Best Interests: Is It Supported by The Evidence?
Adrian Carter and Wayne Hall
2. Community Treatment Orders: The Evidence and Ethical Implications
Lisa Brophy, Christopher James Ryan and Penelope Weller
3. The Ambivalence of Addiction Medicine to the Concept of Involuntary Treatment is Costing Patients Dearly Robert Batey
Part II: Lives, Bodies and Voices: The Material Impacts and Lived Effects of Coercion
4. The Variable Treatment Of (In)Capacity in the Practical Operation of Victoria’s Key Substituted Decision-Making Regimes: View from the Frontline
Eleanore Fritze
5. Capacity Does Not Reside in Me
Cath Roper
6. The Impossibilities Of ‘Bearing Witness’ to the Violence of Coercive Interventions in the Disability Sector
Claire Spivakovsky
Part III: Regulating the Production Of ‘Good’, ‘Healthy’ and ‘Meaningful’ Lives
7. Making the Abject: Problem-Solving Courts, Addiction, Mental Illness and Impairment
Claire Spivakovsky and Kate Seear
8. The Healthy Welfare Card: Indigenous Empowerment or ‘Remote Control’?
Stephen Gray
9. Sterilisation, Disability and Well-Being: The Curative Imaginary of the ‘Welfare Jurisdiction’
Linda Steele
10. Mandated Treatment for Seriously Ill Minors
Ian Freckelton
Part IV: Paternalistic Logics and Their Alternatives: Interventions in ‘Risk’ and ‘Vulnerability’
11. Mandated Treatment as Punishment: Exploring the Second Verdins Principle
Jamie Walvisch
12. Containment Versus Rehabilitation: Managing High-Risk Offenders with Complex Needs
Bernadette McSherry
13. Therapeutic Jurisprudence and Procedural Justice in Mental Health Practice: Responding To ‘Vulnerability’ Without Coercion
Penelope Weller
14. Adult Guardianship and Its Alternatives in Australia
John Chesterman
Index
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