For the Protection of Others
- Simona Giordano
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This paper investigates legal and moral justificationsof coerced treatment for psychiatric patients who aredetained on the grounds that they may harm others.While the general issues concerning compulsorytreatment and detention have been widely canvassed, ithas seldom, if ever, been noticed that the moralreasons that we may have to detain a person whoappears to be dangerous to others are different fromthe moral reasons we may have to treat him or her. For example, it has not been noticed that compulsorydetention and compulsory treatment are supported bytwo different moral principles, namely the Principleof Harm and the Principle of Beneficence, and,therefore, that the arguments which support compulsorydetention do not also support compulsorytreatment. The conceptual confusion between legitimacyof compulsory detention and legitimacy of compulsorytreatment is exacerbated by the ambiguous wordingutilised in S 3 of the UK Mental Health Act, whichimplies that treatment may be necessary for theprotection of others. Failure to pay attention to these distinctions has led to tragic consequences, in terms of violations of individual autonomy and in terms of public safety.
- Anonymous (1991) Treatment Outline for Antisocial Personality Disorder: The Quality Assurance Project [review]. Australian and New Zealand Journal of Psychiatry 25, 541–547.
- APA (1994) Diagnostic and Statistical Manual of Mental Disorders DSM-IV, 4th edn. Washington D.C.: American Psychiatric Association, F. 60.2.
- Brazier, M. (1992) Medicine, Patients and the Law, 2nd edn. London: Penguin.
- Buchanan, A.E. and Brock, D.W. (1989) Deciding for Others, the Ethics of Surrogate Decision Making. Cambridge: Cambridge University Press, pp. 313–317.
- Department of Health and Social Security (1987) Mental Health Act 1983, Memorandum on Parts I to VI, VIII and X. London: Stationery Office.
- Department of Health and Welsh Office (1998) Mental Health Act 1983. London: The Stationery Office.
- Engelhardt, H.T. (1996) The Foundation of Bioethics, 2nd edn. Oxford: Oxford University Press.
- Feinberg, J. (1984) The Moral Limits of the Criminal Law. Oxford: Oxford University Press.
- Gazzetta Ufficiale (1934) R.D. (Royal Decree) 27 July 1934, n. 1265. In: Gazzetta Ufficiale 9 August 1934, n. 186.
- Hare, R.M. (1993) The Philosophical Basis of Psychiatric Ethics. In R.M. Hare (Ed.), Essays on Bioethics (pp. 15–30). Oxford: Clarendon Press.
- Harris, J. (1985) The Value of Life. London: Routledge.
- Hoggett, B. (1996) Mental Health Law, 4th edn. London: Sweet & Maxwell, p. 8. http://www.IMHL.COM
- Kalyna, Z. Bezchlibnyk-Butler, Jeffries J.J. and Barry A.M. (1994) Clinical Handbook of Psychotropic Drugs, 4th edn. Seattle: Hogrefe & Huber.
- Law 833. In: Gazzetta Ufficiale 23 December 1978.
- Lyttle, J. (1986) Mental Disorder, Its Care and Treatment, 2nd edn. London: Bailliere Tindal.
- Marella, G.L. and Rossi P. (1996) Accertamenti e trattamenti sanitari obbligatori per malati di mente nelle legislazioni nazionali. Difesa sociale 2, 97–107.
- Mason, J.K. and McCall Smith, R.A. (1999) Law and Medical Ethics, 5th edn. London: Butterworth.
- McHale, J. and Fox, M. (1997) Health Care Law. London: Sweet and Maxwell.
- Mental Health Act Review Expert Group (1999), Draft Proposals for the New Mental Health Act, 15 April. London: The Stationery Office.
- Mill, J.S. (1991) On Liberty. In J.S. Mill (Ed.), On Liberty and other Essays (pp. 106–107). Oxford: Oxford University Press.
- Ravndan, E. and Vaglum, P. (1991) Changes in Antisocial Aggressiveness during treatment in a Hierarchical Therapeutic Community: A Perspective Study of Personality Changes. Acta Psychiatrica Scandinava 84, 524–530.
- Rogers v. Okin 487 F Suppl. 1342 I.DMass, 1979 and Rennie v. Klein, Civil Action n. 77-2624 Federal District Court of New Jersey, 14 Sept. 1983.
- Roth, L.H., Meisel, C. and Lidz, W. (1977) Test of Competency to Consent to Treatment. American Journal of Psychiatry 134, 279–284.
- Secretary of State for Health (1999) Reform of the Mental Health Act 1983, Proposal for Consultation. London: Stationery Office, Chapter 9, para 2. The Committee considers that the reported definition of treatment (see also S 145 of the MHA), “combined with the notion of treatability has given rise to an unfortunate lack of clarity”.
- Stein, E. and Brown, J.D. (1991) Group Therapy in a Forensic Setting. Canadian Journal of Psychiatry 36, 718–722.
- The Times, 24 Oct. 1998, p. 2.
- WHO (1994) International Statistical Classification of Diseases ICD-10. Geneva: WHO, F. 60.
- Wong, J.G. et. al. (1999) Capacity to Make Healthcare Decisions: Its Importance in Clinical Practice. Psychological Medicine 29, 437–46.
- For the Protection of Others
Health Care Analysis
Volume 8, Issue 3 , pp 309-319
- Cover Date
- Print ISSN
- Online ISSN
- Kluwer Academic Publishers
- Additional Links
- protection of others
- compulsory hospitalisation
- compulsory treatment
- psychopathic disorder
- the value of autonomy
- Simona Giordano (1)
- Author Affiliations
- 1. The Centre for Social Ethics and Policy, The University of Manchester, Manchester, UK