Critical Perspectives on Coercive Interventions Law Medicine and Society 1st Edition by Claire Spivakovsky, Kate Seear, Adrian Carter ISBN 9781138067370 1138067377

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ISBN 10: 1138067377
ISBN 13: 9781138067370
Author: Claire Spivakovsky, Kate Seear, Adrian Carter

Critical Perspectives on Coercive Interventions Law Medicine and Society 1st Edition Table of contents:

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?

A taxonomy of coerced addiction treatment

The ethics of legally coerced treatment

Two models of addiction

When would coerced treatment of addiction be ethical?

What might an ethical legally coerced treatment program look like?

Compulsory treatment of addiction

Conclusion

Notes

References

2. Community treatment orders: The evidence and the ethical implications

Background and the international context

Are community treatment orders compatible with human rights?

Do community treatment orders work?

Evaluating the wider impact of community treatment orders

Alternatives to community treatment orders

Conclusion

References

Legislation

3. The ambivalence of addiction medicine to the concept of involuntary treatment is costing patients dearly

‘Acceptable’ involuntary or mandated treatments

Involuntary treatment in the mental health specialty

Addiction medicine case presentations

Organ damage in drug-using individuals is important to the debate over mandated treatment

Special issues in relation to addiction medicine patients

What involuntary or mandated treatment programs exist for those with a dependency?

Making a constructive case for a better way forward: a proposal based on the evidence and the lack of it

Conclusion

References

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

The Guardianship and Administration Act

The Mental Health Act

Conclusion

Notes

References

5. Capacity does not reside in me

Background

The intrinsic value of bodily integrity and autonomy

Ethical peril under the Mental Health Act

Conclusion

References

6. The impossibilities of ‘bearing witness’ to the violence of coercive interventions in the disability sector

Compulsory able-bodiedness

Law’s violent exceptions

The unanswered calls for a royal commission

The ‘differend’ of coercive interventions as institutional violence

Conclusion

Notes

References

PART III: Regulating the production of ‘good’, ‘healthy’ and ‘meaningful’ lives

7. Making the abject: Problem-solving courts, addiction, mental illness and impairment

The emergence of ‘problem’ populations and therapeutic ‘solutions’

Bacchi, policy problematisation, and the law

The Victorian Drug Court

The Assessment and Referral Court List

Conclusion

Notes

References

8. The Healthy Welfare Card: Indigenous empowerment or ‘remote control’?

A historical sketch: White Australia’s attempts to control indigenous access to cash

Regulating the Indigenous economy: the Northern Territory’s income management regime

The ideological origins of the Healthy Welfare Card: who are its true targets?

The Healthy Welfare Card: practical concerns

Passive resistance, non-compliance and bureaucratic decline

Conclusion – programs driven by community need?

References

9. Sterilisation, disability and well-being: The curative imaginary of the ‘welfare jurisdiction’

Marion’s Case

P v P

The instability of judicial authority

Conclusion

Acknowledgements

Notes

References

10. Mandated treatment for seriously ill minors

The orthodox legal position

The Oshin Kiszko litigation

Issues in respect of mandated treatment for minors

References

PART IV: Paternalistic logics and their alternatives: interventions in ‘vulnerability’ and ‘risk’

11. Mandated treatment as punishment: Exploring the second Verdins principle

The current approach to the second Verdins principle

Two notions of capacity implicit in the courts’ approach

Mandated treatment as punishment: the current approach

Upholding offenders’ autonomy in sentencing

A revised approach to the second Verdins principle

Conclusion

Notes

References

12. Containment versus rehabilitation: Managing high-risk offenders with complex needs

Containment options

Current mandated treatment options

Coordinated responses

Conclusion

References

13. Therapeutic jurisprudence and procedural justice in mental health practice: Responding to ‘vulnerability’ without coercion

The critique of coercion

Therapeutic jurisprudence

Procedural justice

Application of procedural justice

Conclusion

References

14. Adult guardianship and its alternatives in Australia

Guardianship

Critiques of substitute decision-making

Alternatives to guardianship

Conclusion

References

Index

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Tags: Claire Spivakovsky, Kate Seear, Adrian Carter, Coercive Interventions, Society, Critical Perspectives