Causes in the construction of causal law: A psycho-ecological model.
The article presents an integrated psycho-ecological model of the construction of law, with implications for practice in law and mental health. The model is based on a series of concentric circles, each representing a layer of influence on the construction of law. The circle furthest removed from the center represents the influence of culture, society and industry, in particular, and the circle at the center of the circle represents the case at hand, for example, about individual complainant or mass action. The article begins by arguing that basic terms in relation to cause need clarification and also work is needed to disambiguate the concepts involved. After dealing with these issues, the article examines science and mental health. Is the scientific evidence presented by the expert sufficiently reliable and valid to meet admissibility standards of good compared to poor or junk science? Is the research undertaken for court or presented to court biased, with factors hidden, such as links to industry. Are individual evaluations conducted with biased science serving to justify partial conclusions? The dangers of powerful influences on the construction of law are highlighted, for example, related to the individual complainant malingering and the insurance industry protecting its financial interests at the expense of genuinely injured patients. In conclusion, suggestions for empirical research are offered.
Young
Gerald
G
York University, Canada. gyoung@glendon.yorku.ca
D015984:Causality; D006801:Humans; D008962:Models, Theoretical; D011584:Psychology / Q000331:legislation & jurisprudence*