A Therapeutic Jurisprudence Approach to Dealing with Coercion in the Mental Health System

Psychiatry, Psychology and Law, Vol. 15, pp. 25-39, 2008

University of Miami Legal Studies Research Paper No. 2009-10

40 Pages Posted: 10 Jul 2008 Last revised: 20 Apr 2009

See all articles by Bruce J. Winick

Bruce J. Winick

University of Miami School of Law

Date Written: June 30, 2008

Abstract

This article describes the approach of therapeutic jurisprudence, an interdisciplinary form of legal scholarship that has a law reform agenda. It then illustrates the approach by applying it to the question of when coercion might be appropriate in the area of involuntary psychiatric hospitalization and treatment, and when appropriate, how clinicians, judges, and lawyers should act so as to minimize coercion's potentially antitherapeutic effects and maximize the therapeutic potential of law in this area. The article considers areas of psychological research involving the relative effectiveness of coercion and voluntary choice in the area of hospitalization and treatment, and on what makes patients feel coerced in these contexts. The article seeks to reshape legal rules and legal and clinical practices relating to involuntary hospitalization and treatment to reflect a therapeutic jurisprudence orientation.

Keywords: civil commitment, involuntary treatment, perception of coercion, therapist-patient relationship

Suggested Citation

Winick, Bruce J., A Therapeutic Jurisprudence Approach to Dealing with Coercion in the Mental Health System (June 30, 2008). Psychiatry, Psychology and Law, Vol. 15, pp. 25-39, 2008; University of Miami Legal Studies Research Paper No. 2009-10. Available at SSRN: https://ssrn.com/abstract=1157510

Bruce J. Winick (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
304-284-3031 (Phone)
304-284-3210 (Fax)

HOME PAGE: http://www.brucewinick.com

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
234
Abstract Views
1,238
rank
135,860
PlumX Metrics