Dworkin v Fish : Theoretical Premise of Awarding Damages for Psychiatric Illness in England and Australia

Franz Steiner Verlag
Publication Type:
Journal Article
archiv fuer rechts - und sozialphilosphie, 2009, 95 (3), pp. 327 - 351
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This article examines the law of psychiatric illness in the light of Ronald Dworkin's and Stanley Fish's legal theory. The article proposes to examine the attitude of judges to judicial law making in England and Australia, the jurisprudential contributions to the debate and the need for and the justification of judge-made law in terms of rules, principles and policies. Although there is recent scientific research explaining that mental health causes actual trauma to brain cell structures, it seems unlikely that English courts will adopt a similar stance to recognize this new development in psychiatry.
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