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In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. The Ethics of Total Confinement is a thought-provoking and timely must-read for anyone interested in the ethical and legal issues regarding madness, citizenship, and social justice.
This volume investigates the moral and ethical implications of total confinement practices, questioning how current risk management strategies undermine citizenship and social justice. The authors, experts in psychological jurisprudence, utilize a framework that integrates political theory, mental health law, and ethical analysis to evaluate the systemic barriers created by institutional control. By examining judicial opinions and case law, they argue that prevailing practices regarding the mentally ill, juveniles, and sex offenders reflect a distorted moral reasoning that necessitates significant reform.
What You Will Find
Experts in the field of law and psychology recognize this work as a rigorous examination of the intersection between mental health policy and judicial ethics. Readers frequently note the academic density of the prose, which serves as a foundational text for those studying the systemic impacts of confinement on citizenship.
Page Count:
318
Publication Date:
2011-06-29
Publisher:
Oxford University Press
ISBN-10:
0195372212
ISBN-13:
9780195372212
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