A Feminist Analysis of Mental Health Law: Reconceptualising Rights

Author:   Claire Murray (University College Cork, Ireland)
Publisher:   Taylor & Francis Ltd
ISBN:  

9780415731881


Pages:   256
Publication Date:   01 January 2021
Format:   Hardback
Availability:   Not yet available   Availability explained
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A Feminist Analysis of Mental Health Law: Reconceptualising Rights


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Overview

Most common law jurisdictions have a rights-based model of mental health law - whether procedural or substantive - and individual human rights have become the main normative element in mental health law. There is, however, a growing critical discourse on the nature of the current rights-based model of mental health law - asking not merely what rights should be protected, but whether the protection of rights enough. This book offers a fresh approach to this question as it brings feminist critiques of rights discourse to bear on discussion about re-conceptualising rights in mental health law. Modern feminist work has not engaged to any significant extent with the system or the rights-based model of mental health law. There is, however, a strong discourse within modern feminisms on the nature and role of rights. Succinctly, modern feminist theories of rights recognise the limitations of rights discourse, but also acknowledge the continuing importance of rights as a means to protect vulnerable groups in society. Against a background of the complicated history between traditional feminist theory and the operation of the mental health system, this book draws on these insights and illustrates how they can be usefully applied in the context of contemporary mental health law.

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Author:   Claire Murray (University College Cork, Ireland)
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
ISBN:  

9780415731881


ISBN 10:   0415731887
Pages:   256
Publication Date:   01 January 2021
Audience:   College/higher education ,  Postgraduate, Research & Scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
Availability:   Not yet available   Availability explained
This item is yet to be released. You can pre-order this item and we will dispatch it to you upon its release.

Table of Contents

Introduction 1. Rights-based models of mental health law 2. Feminist theories of rights 3. Delimiting boundaries in mental health law 4. Breaking the boundaries 5. Situating the subject in mental health law Conclusion

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Claire Murray is based in the Law Department, at University College Cork

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