This chapter applies the modified philosophy of Alasdair MacIntyre to mental health law, and in particular to the mental health tribunal. The natural law approach of Thomas Aquinas is used to assist in this. It is argued that, for law to be just in pre-modern terms, it requires that it be assessed as rational together with the care it supports as a single entity. As such, according to a modified version of the Thomistic Aristotelian ethics of MacIntyre, justice would require (...) reconciliation of both doctor and patient narratives regarding care, possibly at the tribunal. It is suggested that psychiatric intensive care, in particular, could benefit from this approach. The approach might be seen as an additional protection to human rights-based considerations. It is also argued that the tribunal can be seen differently, according to the tradition of enquiry. (shrink)

Responding to the work of previous critics of psychiatry, who have associated its undue dominance with both a modern scientific paradigm and political factors, I put forward a theoretical challenge based on MacIntyre`s work on Aquinas and Aristotle, but adding the museum and assembly as conceptual thinking tools. -/- MacIntyre`s work on practices, tradition-constituted enquiry, Marxist ideology and Kuhn are all used in putting forward a pre-modern view of knowledge. The feminist philosophy of Luce Irigaray widens the project to include (...) psychotherapy. I put forward a workable and kind version of psychiatric medicine which sets the work of the mental health service user movement in context. (shrink)

The connection is made between the Royal Museum of Scotland and encyclopaedia, one of MacIntyre's three rival versions of moral enquiry. It is then asked how MacIntyre's other two methods, genealogy and tradition‐constituted enquiry, would function within a museum. It is proposed that the museum fulfils Haldane's criterion for tradition‐constituted enquiry in that it combines the immanence and open‐endedness of the methods of enquiry with transcendence in the objects of enquiry. The ethical judgments of the visitors constitute transcendent truth in (...) morality; hence one can see the museum as a site of Aristotelian enquiry. -/- To pursue this, the museum is explored as a site of Aristotelian study or theoria, and of MacIntyre's updated Aristotelianism. Therein we study the narratives written by historians and by individuals in a version of Aristotelian epagogê, or the sifting of the opinions of the many and the wise. This process may also enhance civic friendship and our exercise of practical wisdom towards disadvantaged groups. -/- Finally, MacIntyre's three rival versions of moral enquiry are returned to, and a museum characterised for each. All three are found to involve seriousness in the purposes of enquiry. Attention is drawn to MacIntyre's criticism of the interaction of bureaucracy and social science. It is proposed that such interaction may, in the case of the museum, dilute its seriousness as a site of enquiry. (shrink)