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Therapeutic jurisprudence and conflicts among values in mental health law
Author(s) -
Schopp Robert F.
Publication year - 1993
Publication title -
behavioral sciences and the law
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.649
H-Index - 74
eISSN - 1099-0798
pISSN - 0735-3936
DOI - 10.1002/bsl.2370110104
Subject(s) - jurisprudence , therapeutic jurisprudence , mental health , poison control , law , psychology , medicine , political science , medical emergency , psychiatry
Therapeutic Jurisprudence provides a conceptual framework for a research agenda designed to promote development of legal rules, procedures, and roles in a manner consistent with the therapeutic mission of the mental health system. As such, it draws attention to the tension between the jurisprudential values of autonomy and well‐being that permeates mental health law specifically and the law and ethics of health care generally. This article advances an analysis of these values in the context of the patient‐centered approach to health care. The article endorses a priority for the deontic aspect of autonomy over well‐being but allows balancing of the consequentialist component of autonomy against well‐being. Finally, it applies this framework to several traditionally difficult types of cases.