One Flu Over The Cuckoo's Nest: Comparing Legislated Coercive Treatment for Mental Illness with that for Other Illness [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Bioethical Inquiry 8 (1):87-93 (2011)
Many of the world’s mental health acts, including all Australian legislation, allow for the coercive detention and treatment of people with mental illnesses if they are deemed likely to harm themselves or others. Numerous authors have argued that legislated powers to impose coercive treatment in psychiatric illness should pivot on the presence or absence of capacity not likely harm, but no Australian act uses this criterion. In this paper, I add a novel element to these arguments by comparing the use of the harm to others justification for coercive treatment in mental illness with its use in illness due to infectious disease, and suggest a double standard applies. People with mental illness are subjected to coercive treatments at levels of risk to others far, far lower than would precipitate coercive treatment in people with influenza. In effect, this element of mental health legislation represents an example of sanism—state-sanctioned discrimination against people with mental illnesses
|Keywords||Mental competency Informed consent Mental disorders Ethics Legislation Human rights Dangerous behaviour|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
M. M. Large, C. J. Ryan, O. B. Nielssen & R. A. Hayes (2008). The Danger of Dangerousness: Why We Must Remove the Dangerousness Criterion From Our Mental Health Acts. Journal of Medical Ethics 34 (12):877-881.
John Stuart Mill (1999). On Liberty. Broadview Press.
Citations of this work BETA
No citations found.
Similar books and articles
Claire L. Pouncey & Jonathan M. Lukens (2010). Madness Versus Badness: The Ethical Tension Between the Recovery Movement and Forensic Psychiatry. [REVIEW] Theoretical Medicine and Bioethics 31 (1):93-105.
Martin Roth (1986). The Reality of Mental Illness. Cambridge University Press.
Neil Pickering (2006). The Metaphor of Mental Illness. Oxford University Press.
David Papineau (1994). Mental Disorder, Illness and Biological Disfunction. Philosophy 37:73-82.
Rem B. Edwards (1981). Mental Health as Rational Autonomy. Journal of Medicine and Philosophy 6 (3):309-322.
Robert L. Woolfolk (1999). Malfunction and Mental Illness. The Monist 82 (4):658-670.
Michael S. Moore (1975). Some Myths About 'Mental Illness'. Inquiry 18 (3):233 – 265.
Justine Sarah Dembo (2013). Are Decisions Made 'In the Throes' of Treatment-Refractory Mental Illness Truly Invalid? American Journal of Bioethics: 13 (3):16 - 18.
Mary Nettle (2010). Is Writing Good for Your Mental Health or Is There More to Life? Philosophy, Psychiatry, and Psychology 17 (3):269-270.
David Michael Levin (1976). II. The Concept of Mental Illness: Working Through the Myths. Inquiry 19 (1-4):360-365.
Tamara Kayali & Furhan Iqbal (2012). Depression as Unhomelike Being-in-the-World? Phenomenology's Challenge to Our Understanding of Illness. Medicine, Health Care and Philosophy (1):31-39.
Thomas J. Scheff (1975). Labeling Madness. Prentice-Hall.
Added to index2010-12-18
Total downloads16 ( #96,366 of 1,096,392 )
Recent downloads (6 months)5 ( #42,796 of 1,096,392 )
How can I increase my downloads?