The unintended impact of the therapeutic intentions of the New Zealand Mental Health Review Tribunal? Therapeutic jurisprudence perspectives.
Mental health review bodies engage in complex decision-making that may explicitly incorporate a therapeutic philosophy. Examination of select decisions of the New Zealand Mental Health Review Tribunal offers a foundation for understanding some implications of a pro-therapeutic approach. This analysis draws upon therapeutic jurisprudence scholarship in relation to three aspects of the hearings as documented in the written decisions: advocacy, therapeutic intervention, and the dignitary potential of the proceedings. The research explores the unintended consequences of a pro-therapeutic approach and evaluates the potential application of therapeutic jurisprudence within a mental health law context.
Diesfeld
Kate
K
National Centre for Health and Social Ethics, Auckland University of Technology, Private Bag 92006, Auckland, New Zealand. kate.diesfeld@aut.ac.nz
McKenna
Brian
B
D003657:Decision Making; D006801:Humans; D007603:Jurisprudence; D008603:Mental Health; D009520:New Zealand; D013812:Therapeutics