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Abstract from

Therapeutic Jurisprudence and Anorexia: A Synergy?

Terry Carney is Professor, Faculty of Law, University of Sydney.
Dominique Saunders is Research Associate, Faculty of Law, University of Sydney.

This article analyses file histories and qualitative data from cases where clinicians and tribunals have made choices about invoking one or more of the various legal avenues by which treatment may be enforced for a person with severe anorexia nervosa. Adopting a thera­peutic jurisprudence (TJ) framework, it is argued that there are therapeutic advantages favouring some forms of interventions over others (such as in choosing between mental health and guardianship laws), and other TJ applications such as in law reform (advance directives) or in the ‘strategic’ use of law. Each individual case must, however, be contextualised and judged by the particular needs of the individual anorexia patient.

(2002) 20 No 2 Law in Context 54

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