Therapeutic jurisprudence and conflicts among values in mental health law.
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.
College of Law, University of Nebraska, Lincoln 68583-0902, USA.
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Schopp
D004992:Ethics, Medical; D005610:Freedom; D006801:Humans; D007258:Informed Consent; D008605:Mental Health Services / Q000331:legislation & jurisprudence*; D018802:Patient-Centered Care / Q000331:legislation & jurisprudence; D014481:United States