A critical, in-depth analysis of the development of contemporary mental health law in its social and political contexts.

This text provides a detailed overview of mental health law and the socio-legal, historical, sociological, and cultural issues related to them. The role of the law and medical treatments in regulating and controlling deviance are explored alongside the fundamental rights and liberties of some of society's most vulnerable people.

Mental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.

Cultural heritage is a feature of transitioning societies, from museums commemorating the end of a dictatorship to adding places like the Auschwitz-Birkenau concentration camp to the World Heritage List. These processes are governed by specific laws, and yet transitional justice discourses tend to ignore law's role, assuming that memory in transition emerges organically. This book debunks this assumption, showing how cultural heritage law is integral to what memory and cultural identity is possible in transition. Lixinski attempts to reengage with the original promise of transitional justice: to pragmatically advance societies towards a future where atrocities will no longer happen. The promise in the UNESCO Constitution of lasting peace through cultural understanding is possible through focusing on the intersection of cultural heritage law and transitional justice, as Lixinski shows in this ground-breaking book.

Recentering the World recovers a richly contextual, detailed history of Western-imposed legal structures in China, as well as engagements with international law by Chinese officials, jurists, and citizens. Beginning in the Late Qing era, it shows how international law functioned as a channel for power relations, techniques of economic domination, as well as novel forms of resistance. The book also radically diversifies traditionally Eurocentric accounts of modern international law's origins, demonstrating how, by the mid-twentieth century, Chinese jurists had made major contributions to international organizations and the UN system, the international judiciary, the laws of armed conflict, and more. Drawing on extensive archival research, this book is a valuable guide to China's often conflicted role in international law, its reception and contention of concepts of sovereignty, property, obligation, and autonomy, and its gradual move from the 'periphery' to a shared spot at the 'center' of global legal order.

An innovative and timely guide to housing law that integrates the disciplines of law and public policy so that readers see how the subject fits together – both the letter of the law and the way it is practised. The innovative three-part structure covers all the topics of a typical Housing Law module and it is written in a clear and conversational style, with a wide range of source material to show how the law is created, interpreted and used in real life. Students are expertly guided through the complexities of housing law by a leading academic who has taught the subject for more than 20 years. Where relevant, chapters end with a section on 'the future' that discusses proposed changes to the law and the impact of those changes. It also discusses the conceptual issues raised by the Human Rights Act.

Law and Administration takes a contextual approach to administrative law, setting law and legal rules in the context of the social, political and economic forces that shape the law, and of the complex constitutional framework in which contemporary administrative law operates. This book contains a full account of judicial review, the traditional heartland of administrative law, and adds to this by taking into account the concerns of government, officials and agencies who operate and shape the law. It also looks at the possible future of administrative law in an increasingly automated and digitalised world. A fully revised and updated new edition, this book includes new case studies of regulatory agencies and government contracting to develop understanding of law in practice.

Detailed, thorough and authoritative new edition of Moffat's Trusts Law.

Ways of Remembering tells a story about the relationship between secular law and religious violence by studying the memorialisation of the 2002 Gujarat pogrom—postcolonial India's most litigated and mediatized event of anti-Muslim mass violence. By reading judgments and films on the pogrom through a novel interpretive framework, the book argues that the shared narrative of law and cinema engenders ways of remembering the pogrom in which the rationality of secular law offers a resolution to the irrationality of religious violence. In the public's collective memory, the force of this rationality simultaneously condemns and normalises violence against Muslims while exonerating secular law from its role in enabling the pogrom, thus keeping the violent (legal) order against India's Muslim citizens intact. The book contends that in foregrounding law's aesthetic dimensions we see the discursive ways in which secular law organizes violence and presents itself as the panacea for that very violence.

In the field of mental health law,we entrust decisions with consequences of the utmost gravity – decisions about compulsory medical treatment and the loss of liberty – to doctors and approved social workers. Yet, how do these non-lawyers make decisions where the legitimacy of those decisions derives from law? This book examines the practical, ethical and legal terrain of duo-disciplinary decision-making: given identical cases, what dilemmas do psychiatrists and approved social workers encounter, do they reach the same or similar decisions and, most critically, how are those decisions justified? At a time of ferment in mental health law this book, through its narrative format, aids a better understanding of the dilemmas posed.