Therapeutic Jurisprudence Applied: Essays on Mental Health Law

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Carolina Academic Press, Jan 1, 1997 - Law - 414 pages
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A sensitive policy analysis of law should seek to measure and weigh all of the costs and benefits of legal rules. The basic insight of therapeutic jurisprudence is that law is a social force that produces therapeutic and antitherapeutic consequences for the people it affects. In this book, Winick - one of the founders of this new approach - uses his therapeutic jurisprudence lens to examine mental health law. In the field of mental health law, the therapeutic implications are rarely factored into legal and policy analyses of legal rules and practices. Although mental health law is designed to be therapeutic, it often produces antitherapeutic effects. With this in mind, Winick has compiled a series of essays systematically analyzing the law's therapeutic and antitherapeutic effects.

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Contents

The Approach of Therapeutic Jurisprudence
3
The Side Effects of Incompetency Labeling
17
The Right to Refuse Mental Health Treatment
67
Copyright

7 other sections not shown

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About the author (1997)

Winick is Professor of Law at the University of Miami School of Law and co-founder of the school of social inquiry known as therapeutic jurisprudence.

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