Peter Bartlett
Biographic Data
| ID | 5532973 |
|---|---|
| NAME | Peter Bartlett |
| GIVEN NAMES | Peter |
| FAMILY NAME | Bartlett |
| SIGNATURE | BARTLETT P |
| AFFILIATIONS | University of Nottingham |
| ORCID | 0000-0002-2145-8876 |
| VERIFIED | Yes |
| TOTAL WORKS | 19 |
| TOTAL CITATIONS | 12 |
| AUTHOR COUNT | 19 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1997 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Beyond the liberal subject
A great deal of scholarship has explored how human rights, through the Convention on the Rights of Persons with Disabilities (CRPD), should affect disability policy and practice. This paper asks the reverse question: how does the framing of rights in the CRPD affect how we need to think about human rights? The CRPD’s two main human rights shifts are a strongly indivisible reading of human rights, where civil/political rights are inseparable from …
Introduction to special edition
This is the introduction to ‘The Convention on the Rights of Persons with Disability: Next Generation Thinking’, a special edition of the Human Rights Law Review. It is now almost twenty years since the CRPD was passed by the UN General Assembly, and a great deal of interpretive work has occurred since that time. Initial euphoria has given way to the hard intellectual graft of trying to interpret the Convention in a way that ensures the ongoing a…
Re‐thinking the Mental Capacity Act 2005
It is now more than a quarter of a century since the Law Commission completed its ground‐breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social, and academic understanding of people with mental disabilities, and the pragmatics of legislative implementation have exposed difficulties that the Law Commission did not foresee. This paper considers…
The Transitional Visigothic Coinage of Leovigild
Le monnayage pseudo-impérial wisigothique avec un revers représentant la Victoire tenant une palme et une couronne est complexe. L’étude stylistique de Wallace Tomasini fournit un cadre utile, mais il existe peu d’études numismatiques détaillées. Dans cet article, nous examinons l’une des catégories stylistiques de Tomasini, la catégorie JII 5, en proposant une étude de coins, une division typologique et stylistique plus détaillée, une comparaiso…
Perceptions of Restrictiveness in Forensic Mental Health
Where safe, forensic mental health systems should provide care in the least restrictive environment possible. Doing so can maximize patient autonomy and empowerment while minimizing unnecessary social disconnection and stigmatization. This study investigated whether patients’ perceptions of restrictiveness were associated with demographic, clinical, and legal characteristics. The Forensic Restrictiveness Questionnaire (FRQ) was used to measure pe…
Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong
At the Interface Between Paradigms
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is rightly seen as a break from the past in mental capacity law. At the same time, implementation will occur in the specific existing legal and administrative contexts of each State. This article uses English mental capacity law to explore these issues. The English Mental Capacity Act 2005 (MCA) can be considered the best of the "old" paradigm. The article argues that…
The Forensic Restrictiveness Questionnaire
Introduction: Forensic psychiatric care is often practiced in closed institutions. These highly regulated, secure, and prescriptive environments arguably reduce patient autonomy, self-expression, and personhood. Taken together these settings are restrictive as patients' active participation in clinical, organizational, community, and personal life-worlds are curtailed. The consequences of patients' experiences of restrictiveness have not been exp…
Identity, law, policy and Communicating Mental Health
This paper reflects on the special edition, Communicating Mental Health , from the perspective of a legal academic with an interest in the service user rights and in United Nations Convention on the Rights of Persons with Disabilities. It is argued that the special edition demonstrates the breadth of the medical model but also that the medical model remains firmly in place in academic understanding of mental disability. The paper questions what t…
Ethical issues of long-term forensic psychiatric care
Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005
The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar di…
A mental disorder of a kind or degree warranting confinement
It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention, but there has been little meaningful debate as to what that means. The question is relevant not merely to the European Court of Human Rights, but also to the Committee for the Prevention of Torture, as the potential of inhuman or degrading treatment that arises from the coercive…
The U nited N ations C onvention on the R ights of P ersons with D isabilities and M ental H ealth L aw
The U nited N ations C onvention on the R ights of P ersons with D isabilities ( CRPD ) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of E nglish mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense…
Mental Health Care in Modern England
Reviewed by: Mental Health Care in Modern England: The Norfolk Lunatic Asylum/St Andrew's Hospital, 1810-1998 Peter Bartlett Steven Cherry . Mental Health Care in Modern England: The Norfolk Lunatic Asylum/St Andrew's Hospital, 1810-1998. Woodbridge, U.K.: Boydell Press, 2003. xi + 335 pp. Ill. $75.00; £45.00 (0-85115-920-6). As the title suggests, this is an institutional history of the Norfolk Lunatic Asylum from its opening in 1810 to its even…
Mental Incapacity and Mental Health
(2003). Mental Incapacity and Mental Health: The Development of Legal Reform and the Need for Joined‐up Thinking. Journal of Social Welfare and Family Law: Vol. 25, Special 25th Anniversary Issue on Mental Health, pp. 313-324
Adults, mental illness and incapacity
While not entirely congruent, there will be substantial overlap between the classes of individuals governed by the proposed Mental Incapacity and Mental Health Acts, and by the court's inherent jurisdiction. This paper argues that the mental health proposals are procedurally strong but substantively weak, while the incapacity reforms are, largely, the reverse. For individuals who may be subject to either legal régime, therefore, the safeguards of…
Legal Madness in the Nineteenth Century
Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the inter-relations between legal and medical histories of madness, and discusses use and availability of nineteenth-century legal source material relating to criminal insanity, mental incapacity, and the confinement of the insane
Silence and Sodomy
Sodomites in the Pillory in Eighteenth-Century London
The arrival of the eighteenth century brought with it new legal attention to sodomitical behaviour. Nowhere was this more notorious and public than in the punishment of those offences in the pillory. This paper argues that the pillory was a productive space for the understanding of sodomy in this period, a place where the logic and practice of that particular punishment intersected with a new and emerging conceptualization of masculinity and erot…
The U nited N ations C onvention on the R ights of P ersons with D isabilities and M ental H ealth L aw
The U nited N ations C onvention on the R ights of P ersons with D isabilities ( CRPD ) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of E nglish mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense…
Legal Madness in the Nineteenth Century
Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the inter-relations between legal and medical histories of madness, and discusses use and availability of nineteenth-century legal source material relating to criminal insanity, mental incapacity, and the confinement of the insane
A mental disorder of a kind or degree warranting confinement
It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention, but there has been little meaningful debate as to what that means. The question is relevant not merely to the European Court of Human Rights, but also to the Committee for the Prevention of Torture, as the potential of inhuman or degrading treatment that arises from the coercive…
Mental Incapacity and Mental Health
(2003). Mental Incapacity and Mental Health: The Development of Legal Reform and the Need for Joined‐up Thinking. Journal of Social Welfare and Family Law: Vol. 25, Special 25th Anniversary Issue on Mental Health, pp. 313-324
Adults, mental illness and incapacity
While not entirely congruent, there will be substantial overlap between the classes of individuals governed by the proposed Mental Incapacity and Mental Health Acts, and by the court's inherent jurisdiction. This paper argues that the mental health proposals are procedurally strong but substantively weak, while the incapacity reforms are, largely, the reverse. For individuals who may be subject to either legal régime, therefore, the safeguards of…
Sodomites in the Pillory in Eighteenth-Century London
The arrival of the eighteenth century brought with it new legal attention to sodomitical behaviour. Nowhere was this more notorious and public than in the punishment of those offences in the pillory. This paper argues that the pillory was a productive space for the understanding of sodomy in this period, a place where the logic and practice of that particular punishment intersected with a new and emerging conceptualization of masculinity and erot…
Sodomites in the Pillory in Eighteenth-Century London
The arrival of the eighteenth century brought with it new legal attention to sodomitical behaviour. Nowhere was this more notorious and public than in the punishment of those offences in the pillory. This paper argues that the pillory was a productive space for the understanding of sodomy in this period, a place where the logic and practice of that particular punishment intersected with a new and emerging conceptualization of masculinity and erot…
Silence and Sodomy
Legal Madness in the Nineteenth Century
Legal sources remain under-exploited in the history of madness, and the legal character of some documents is sometimes unrecognized. This article examines the inter-relations between legal and medical histories of madness, and discusses use and availability of nineteenth-century legal source material relating to criminal insanity, mental incapacity, and the confinement of the insane
Mental Incapacity and Mental Health
(2003). Mental Incapacity and Mental Health: The Development of Legal Reform and the Need for Joined‐up Thinking. Journal of Social Welfare and Family Law: Vol. 25, Special 25th Anniversary Issue on Mental Health, pp. 313-324
Adults, mental illness and incapacity
While not entirely congruent, there will be substantial overlap between the classes of individuals governed by the proposed Mental Incapacity and Mental Health Acts, and by the court's inherent jurisdiction. This paper argues that the mental health proposals are procedurally strong but substantively weak, while the incapacity reforms are, largely, the reverse. For individuals who may be subject to either legal régime, therefore, the safeguards of…
Mental Health Care in Modern England
Reviewed by: Mental Health Care in Modern England: The Norfolk Lunatic Asylum/St Andrew's Hospital, 1810-1998 Peter Bartlett Steven Cherry . Mental Health Care in Modern England: The Norfolk Lunatic Asylum/St Andrew's Hospital, 1810-1998. Woodbridge, U.K.: Boydell Press, 2003. xi + 335 pp. Ill. $75.00; £45.00 (0-85115-920-6). As the title suggests, this is an institutional history of the Norfolk Lunatic Asylum from its opening in 1810 to its even…
A mental disorder of a kind or degree warranting confinement
It has long been the case in jurisprudence under the European Convention on Human Rights that mental disorder must be of a certain severity in order to justify detention, but there has been little meaningful debate as to what that means. The question is relevant not merely to the European Court of Human Rights, but also to the Committee for the Prevention of Torture, as the potential of inhuman or degrading treatment that arises from the coercive…
The U nited N ations C onvention on the R ights of P ersons with D isabilities and M ental H ealth L aw
The U nited N ations C onvention on the R ights of P ersons with D isabilities ( CRPD ) took effect in 2008. This paper discusses a number of flashpoints where the CRPD will require real and significant reconsideration of E nglish mental health and mental capacity law. The CRPD introduces a new paradigm into international disability law, relying on the social model of disability. While that is no doubt a good thing, there is as yet no clear sense…
Ethical issues of long-term forensic psychiatric care
Planning for incapacity by people with bipolar disorder under the Mental Capacity Act 2005
The Mental Capacity Act 2005 provides a variety of legal mechanisms for people to plan for periods of incapacity for decisions relating to personal care, medical treatment, and financial matters. Little research has however been done to determine the degree to which these are actually implemented, and the approach to such advance planning by service users and professionals. This paper looks at the use of advance planning by people with bipolar di…
Identity, law, policy and Communicating Mental Health
This paper reflects on the special edition, Communicating Mental Health , from the perspective of a legal academic with an interest in the service user rights and in United Nations Convention on the Rights of Persons with Disabilities. It is argued that the special edition demonstrates the breadth of the medical model but also that the medical model remains firmly in place in academic understanding of mental disability. The paper questions what t…
The Forensic Restrictiveness Questionnaire
Introduction: Forensic psychiatric care is often practiced in closed institutions. These highly regulated, secure, and prescriptive environments arguably reduce patient autonomy, self-expression, and personhood. Taken together these settings are restrictive as patients' active participation in clinical, organizational, community, and personal life-worlds are curtailed. The consequences of patients' experiences of restrictiveness have not been exp…
Perceptions of Restrictiveness in Forensic Mental Health
Where safe, forensic mental health systems should provide care in the least restrictive environment possible. Doing so can maximize patient autonomy and empowerment while minimizing unnecessary social disconnection and stigmatization. This study investigated whether patients’ perceptions of restrictiveness were associated with demographic, clinical, and legal characteristics. The Forensic Restrictiveness Questionnaire (FRQ) was used to measure pe…
Articulating future directions of law reform for compulsory mental health admission and treatment in Hong Kong
At the Interface Between Paradigms
The United Nations Convention on the Rights of Persons with Disabilities (CRPD) is rightly seen as a break from the past in mental capacity law. At the same time, implementation will occur in the specific existing legal and administrative contexts of each State. This article uses English mental capacity law to explore these issues. The English Mental Capacity Act 2005 (MCA) can be considered the best of the "old" paradigm. The article argues that…
The Transitional Visigothic Coinage of Leovigild
Le monnayage pseudo-impérial wisigothique avec un revers représentant la Victoire tenant une palme et une couronne est complexe. L’étude stylistique de Wallace Tomasini fournit un cadre utile, mais il existe peu d’études numismatiques détaillées. Dans cet article, nous examinons l’une des catégories stylistiques de Tomasini, la catégorie JII 5, en proposant une étude de coins, une division typologique et stylistique plus détaillée, une comparaiso…
Re‐thinking the Mental Capacity Act 2005
It is now more than a quarter of a century since the Law Commission completed its ground‐breaking report on mental capacity, a report that became the Mental Capacity Act 2005. Since that time, there have been fundamental changes in the legal, social, and academic understanding of people with mental disabilities, and the pragmatics of legislative implementation have exposed difficulties that the Law Commission did not foresee. This paper considers…
Beyond the liberal subject
A great deal of scholarship has explored how human rights, through the Convention on the Rights of Persons with Disabilities (CRPD), should affect disability policy and practice. This paper asks the reverse question: how does the framing of rights in the CRPD affect how we need to think about human rights? The CRPD’s two main human rights shifts are a strongly indivisible reading of human rights, where civil/political rights are inseparable from …
Introduction to special edition
This is the introduction to ‘The Convention on the Rights of Persons with Disability: Next Generation Thinking’, a special edition of the Human Rights Law Review. It is now almost twenty years since the CRPD was passed by the UN General Assembly, and a great deal of interpretive work has occurred since that time. Initial euphoria has given way to the hard intellectual graft of trying to interpret the Convention in a way that ensures the ongoing a…
Political science (14 works) · Law (12 works) · Psychology (12 works) · Healthcare Decision-Making and Restraints (11 works) · Psychiatry (10 works) · Law (6 works) · Mental health (6 works) · Sociology (6 works) · Medicine (5 works) · Convention (4 works)