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Right to Be Protected from Committing Suicide [Kietas viršelis]

(University of Oxford, UK)
  • Formatas: Hardback, 288 pages, aukštis x plotis x storis: 166x242x34 mm, weight: 600 g
  • Išleidimo metai: 16-Jun-2022
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509949046
  • ISBN-13: 9781509949045
Kitos knygos pagal šią temą:
  • Formatas: Hardback, 288 pages, aukštis x plotis x storis: 166x242x34 mm, weight: 600 g
  • Išleidimo metai: 16-Jun-2022
  • Leidėjas: Hart Publishing
  • ISBN-10: 1509949046
  • ISBN-13: 9781509949045
Kitos knygos pagal šią temą:
"This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide.Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising thatthe state and public authorities have a duty to provide and implement an effective suicide prevention strategy"--

This book argues that suicidal people have the right to receive treatment and for reasonable steps to be taken that they are protected from killing themselves. Those suffering threats to life from mental health issues deserve the same protection as those who face threats to life from ill health or violence from others. The book explores the ethical and legal case for giving those beset with suicidal thoughts the treatment they need and for reasonable steps to be taken to prevent them attempting suicide.

Debates around suicide tend to be dominated by cases involving those with terminal medical conditions seeking assisted dying. But of those wishing to die, it is far more common to find middle aged men and young people oppressed by mental health and personal problems. Too often the woeful failure in the funding of mental health services in the UK means that suicidal people are denied the support and help they desperately need. This ground-breaking book makes the legal and ethical case for recognising that the state and public authorities have a duty to provide and implement an effective suicide prevention strategy.

Recenzijos

A characteristically thoughtful and elegant development of the legal and ethical case for treating those with suicidal thoughts, and the taking of reasonable steps to prevent them attempting suicide [ the book is] a stimulating, important, and nuanced contribution to an area which can sometimes all too easily be portrayed in unhelpfully crude terms. -- Alex Ruck Keene * International Journal of Mental Health and Capacity Law *

Daugiau informacijos

This ground-breaking book makes the case for a right to be protected from committing suicide and for recognising that the state and public authorities have a duty to implement an effective suicide prevention strategy.
Acknowledgements and Sources of Listening vii
Table of Cases
xv
1 Introduction
1(4)
2 The Definition of Suicide
5(18)
I Introduction
5(2)
II Popular and Official Definitions
7(3)
III The Mental State
10(6)
A Pure Intent: Purpose to Die
10(1)
B Death as a Necessary Means to a Purpose
11(1)
C Oblique Intent: Death Inevitable, but not Purposed
12(2)
D Recklessness: Death is a Risk
14(1)
E No Mental State
14(1)
F Comparing the Approaches to Mental State
15(1)
IV Causation
16(6)
A Ascertaining the Act
16(1)
B The Involvement of a Third Party: Innocent Agents
17(1)
C Distinguishing Homicide and Assisting Suicide
17(2)
D Coerced Suicide
19(1)
E Acts and Omissions
20(1)
F Near Death Cases
21(1)
V Conclusion
22(1)
3 The Causes of Suicide
23(22)
I Introduction
23(1)
II The Problems with Gathering Suicide Statistics
24(2)
III International Statistics
26(1)
IV Statistics for England and Wales
27(3)
V Suicidal Feelings
30(1)
VI Forms of Suicide
30(1)
VII Seeking to Identify the Causes of Suicide
31(2)
VIII Biological Theories
33(1)
IX Sociological Theories
34(2)
X Psychological Theories of Suicide
36(4)
A Escape Theory of Suicidal Behaviour
36(1)
B Hopelessness Theory of Suicide
36(1)
C Burdensomeness
37(1)
D Fluid Vulnerability Theory
37(2)
E The `Three Step' Theory
39(1)
XI Mental Illness
40(1)
XII Alcohol
41(1)
XIII Religion
42(1)
XIV Domestic Abuse
42(1)
XV Social Inequalities
43(1)
XVI Conclusion
43(2)
4 Societal Responsibility for Suicide
45(18)
I Introduction
45(1)
II The Cultural Meaning of Suicide
45(1)
III Social Causes of Suicide
46(2)
IV Suicide and the Relational Self
48(4)
A The Vulnerable Self
49(1)
B The Relational Self
49(1)
C The Caring Self
50(1)
D Suicide and the Relational Self
50(2)
V Means
52(1)
VI Poverty
52(3)
VII Gender
55(4)
VIII Age and Suicide
59(1)
IX Clusters
60(1)
X Conclusion
61(2)
5 Ethics and Suicide
63(46)
I Introduction
63(1)
II What is the Question?
63(3)
III The Principle of Autonomy
66(2)
IV Autonomy and Welfare
68(23)
A The Reasons for Respecting Autonomy
69(1)
B `Risk Relative Capacity'
70(2)
C Balancing Capacity and Autonomy
72(2)
V Capacity, Autonomy and Suicide
74(2)
A Cause of Incapacity
76(1)
B Presumption of Capacity
77(1)
C Foolishness
78(1)
D Information
78(2)
E Using Information to Make the Decision
80(1)
F Making a Decision: Self-Determination
81(1)
G Self Government
82(2)
H Authenticity
84(4)
I Rationality
88(1)
J Options
89(1)
K Which Decision?
90(1)
L Conclusion on Capacity and Autonomy
91(1)
VI Autonomy Issues: Limits
91(14)
A What Does Respect for Autonomy Mean?
92(1)
B Virtue Ethics
93(1)
C Protecting Only Some Autonomous Decisions
94(2)
D Relational Autonomy: Obligations to Others
96(3)
E The Badness of Death
99(6)
VII A Duty to Commit Suicide?
105(1)
VIII Duties Towards the Suicidal: Drawing the Threads Together
106(2)
IX Conclusion
108(1)
6 Human Rights and Suicide
109(27)
I Introduction
109(1)
II Rights and Duties
110(2)
III The Positive Duty to Protect the Right to Life
112(1)
IV Does Suicide Infringe the Right to Life?
113(2)
V What Does the Duty Require?
115(1)
VI The Universal General Duty
115(2)
A Legislative
116(1)
B Administrative
117(1)
VII The Particular General Duty
117(2)
VIII Specific Operational Obligations to those in the Care of the State
119(9)
A Being under the Care and Control of the State
121(3)
B `Vulnerability'
124(1)
C Knew or Ought to Know
124(3)
D Conclusion on Scope Duties
127(1)
IX Breach of the Duty
128(5)
A Rationing
128(1)
B Powers
129(1)
C State Responsibility
129(1)
D Autonomy
130(2)
X Duty to Investigate
132(1)
XI United Nations Convention on the Rights of Persons with Disabilities
133(2)
XII Conclusion and the Way Ahead
135(1)
7 The Current Law on Suicide
136(40)
I Introduction
136(1)
II Criminal Law Offences Prohibiting Suicide or Assisted Suicide
137(10)
A Suicide and Attempted Suicide as Crimes
137(1)
B Assisting or Encouraging Suicide
138(4)
C Homicide
142(3)
D Defences to Homicide
145(2)
III Criminal Offences for Failing to Prevent Suicide
147(1)
IV Mental Health Law
148(14)
A Admission for Assessment (Section 2)
149(2)
B Emergency Admission (Section 4)
151(1)
C Admission for Treatment (Section 3)
151(2)
D Community Treatment Orders
153(1)
E A Discussion of the MHA 1983 Provisions
153(2)
F Is the MHA 1983 Discriminatory?
155(4)
G Do Mental Health Interventions Work?
159(3)
V Mental Capacity Law
162(11)
A The Mental Capacity of the Suicidal
163(6)
B The Inherent Jurisdiction and Vulnerable Adults
169(1)
C Best Interests and Suicide
170(2)
D Advance Decisions and Suicide
172(1)
E Summary on the Current Approach of the MCA 2005 to Suicide
173(1)
VI Suicidal Children
173(1)
VII Conclusion
174(2)
8 Prevention of Suicide
176(25)
I Introduction
176(1)
II The Case for Prevention
177(2)
III The Case against Suicide Prevention
179(4)
A Principled Opposition to Suicide Prevention
179(2)
B Ineffectiveness of Suicide Prevention
181(1)
C Conclusions on the Case against Suicide Prevention
182(1)
IV Developing Suicide Prevention Policies
183(1)
V Universal Interventions
184(6)
A Restricting Access to Means of Suicide
185(1)
B Social Media
186(1)
C Stigma
187(1)
D Drinking Water
188(1)
E Economic and Social Interventions
188(2)
VI Selective Interventions
190(2)
A Prisoners
190(1)
B Young People
191(1)
VII Individual Interventions
192(3)
VIII Problems in Preventing Suicide
195(2)
IX Current Approach in the UK
197(3)
A Zero-Suicide Ambition
198(2)
X Conclusion
200(1)
9 Euthanasia and Suicide
201(21)
I Introduction
201(1)
II The General Debate on Assisted Dying
201(3)
III The Starting Point
204(2)
IV The Right to Die
206(2)
V Dealing with Hard Cases
208(11)
A Should the Law Set the Justifying Circumstances or Leave It to Discretion?
210(2)
B Who Should `Police the Exceptions?'
212(1)
C Gender and Assisted Dying
213(1)
D Disability
214(4)
E The Lessons from Overseas
218(1)
VI False Positives and False Negatives
219(2)
VII Conclusion and the Right to Die Debate
221(1)
10 Conclusion
222(4)
Bibliography 226(21)
Index 247
Jonathan Herring is the DW Wolf-Clarendon Fellow in Law at Exeter College and Professor of Law at the Faculty of Law, University of Oxford.