Defender, spokesperson, therapist: representing the true interest of the client in therapeutic law
2007 (English)In: International Journal of Social Welfare, ISSN 1369-6866, E-ISSN 1468-2397, Vol. 16, no 4, 373-381 p.Article in journal (Refereed) Published
The aim of this article is to analyse the role of the legal representative in therapeutic law, specifically in Swedish administrative court hearings relating to compulsory care. Data are collected from three types of cases where a health or social welfare authority argues that it is necessary to apply coercion to a citizen: the Care of Young Persons (Special Provisions) Act, the Care of Alcohol and Drug Abusers (Special Provisions) Act and the Compulsory Psychiatric Care Act. The data consist of audio-recordings from 39 hearings, supplemented by 28 interviews with participants in these hearings, and court documents. Three primary roles of the legal representatives are identified: defender, spokesperson and therapist. We show how the primary role of the attorney becomes that of the spokesperson, but also that the role of the therapist takes precedence over that of the defender.
Place, publisher, year, edition, pages
2007. Vol. 16, no 4, 373-381 p.
lawyer; attorney; legal representation; court hearings; compulsory care; therapeutic law; therapeutic jurisprudence; sociology of law; best interest
IdentifiersURN: urn:nbn:se:umu:diva-5372DOI: 10.1111/j.1468-2397.2007.00490.xISI: 000249662200009OAI: oai:DiVA.org:umu-5372DiVA: diva2:144869
Article first published online: 21 FEB 20072006-10-052006-10-052015-11-11Bibliographically approved