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ETHICAL ISSUES IN MENTAL ILLNESS

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Ethical Issues in Mental Illness

CAROLINE DUNN
First published 1998 by Ashgate Publishing

Published 2016 by Routledge


2 Park Square, Milton Park, Abingdon, Oxon OXI4
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711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor &


a/the & Francis Group, an informa
i'?forma business

Copyright © CJ.
C.J. Dunn 1998

All rights reserved. No part of this book may be reprinted or reproduced or


utilised in any form or by any electronic, mechanical, or other means, now
known or hereafter invented, including photocopying and recording, or in
any information storage or retrieval system, without permission in writing
from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and
are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data


Dunn, Caroline
Ethical issues in mental illness. - (Avebury series in
philosophy)
I. Moral illness - moral and ethical aspects 2. Mental
illness - Treatment - Moral and ethical aspects
1.
I. Title
616.8'9'06

Library of Congress Catalog Card Number: 97-76954

ISBN 13: 978-1-85972-608-2 (hbk)


ISBN 13: 978-1-138-26914-9 (pbk)
Contents

Acknowledgements vi

1 Introduction 1
2 Mental illness and autonomy 8
3 Autonomy and treatment models of mental illness 22
4 Involuntary hospitalisation and treatment 38
5 Psychotropic medication 60
6 ECT and psychosurgery 82
7 Psychotherapy 102
8 Community care 129
9 Conclusion 154

Appendix
AppendiX 175
Bibliography 178
Index 197

v
Acknowledgements

First and foremost I would like to thank all those who shared their experiences of
mental illness with me; their help enabled me to locate mental illness in the lives
of people, instead of approaching it as a purely theoretical issue.
Ir cannot adequately express my thanks to Harry Lesser, of the Department of
Philosophy at the University of Manchester, whose perceptive and constructive
criticism was always accompanied by an enlivening degree of humour. Finally, and
most importantly of all, I would like to thank my husband, without whose patience,
kindness and love, this book would never have been written.

VI
1 Introduction

People have always been fascinated by the human mind and its functions and
dysfunctions. Over the centuries, philosophers and scientists have suggested a
variety of explanatory models for the nature of the mind and its relationship to the
body; the causes of mental dysfunction have been examined and treatments for it
prescribed. Today we may marvel at the explanations offered in times past for
mental illness and shudder at the barbarity of the treatments inflicted upon the
mentally ill. We consider ourselves to be more enlightened, both in our
explanations of, and treatments for, mental illness. In the contemporary world,
with ever-increasing amounts of knowledge, specialisation has entered the arena,
and mental illness is now the province of a variety of 'experts'; doctors, nurses,
psychologists, psychotherapists and social workers all have their part to play in the
care and treatment of the mentally ill. These experts, whose assumptions in the
main often appear unchallenged and even unacknowledged within in their own
fields of expertise, and in some cases, outside them, all have their corners to fight
in the professional hierarchy and power stakes. All these different experts have
their own models of mental illness; these may overlap and share significant
characteristics, or they may diverge sharply from each other, often causing
hostility and friction between their protagonists; and there may be little real
understanding of these different models by professionals from the different fields
whose jobs involve them in treating the mentally ill. All too often opinions
polarise, the result of simplistic stances on both sides, and meaningful debate is
stifled before it even begins. Thus the ethical issues involved in mental illness may
be reduced to antagonistic posturing by tlle most vociferous members of the
opposing sides in the debate; those who stand to lose most from this unseemly
wrangle are the mentally ill.
Predominant amongst the experts are psychiatrists, for nowadays, the disorders
of the mind are fundamentally considered to be the province of medicine. The
discipline of psychiatry has sought, and some would argue, increasingly achieved,
scientific exactness. Psychiatry seeks to organise the phenomena of mental illness
into patterns of symptoms in order to classify different types of mental illness;
applying the classification system to the experiences described by a mentally ill
person then enables the 'expert' to diagnose what type of illness the patient is

1
suffering from, and this in its turn indicates the appropriate treatment. Not
surprisingly, such a relatively simple approach to the complexity of mental illness,
resulting as it frequently does in the application of a simplistic medical model to
the definition and treatment of mental illness, has its limitations; when it is
coupled with an appalling catalogue of abusive practice in the treatment of the
mentally ill, it is hardly surprising that a vociferous anti-psychiatry movement has
developed. The term 'anti-psychiatry' is not used to imply any homogeneity
amongst theorists who may be included under this heading, for the theoretical
stances of those opposed to psychiatry are many and varied. Notwithstanding the
valuable work such theorists have done in exposing the limitations of a purely
medical model of mental illness, and the abuse of much mental health practice,
these theories purporting to offer explanations other than medical ones for the
causes of mental illness, and alternative suggestions for its treatment, are often as
dogmatic and simplistic as those of the medical profession.
Mental illness involves behaviour which is often a problem to society; it often
results in behaviour that is perceived by others as irrational, and consequently it
poses questions relating to autonomy which have considerable implications for the
treatment of the mentally ill. I have considered the general issue of autonomy and
mental illness in the Chapters 2 and 3; in Chapters 3 to 6 I have considered the
specific issues raised by different forms of treatment for mental illness. I suggest
that there are two fundamental models of autonomy that inform treatment of the
mentally ill, each of which is essentially too impoverished to deal with the
complexities of mental illness; each model may result in grave injustice, even
though in the best cases of its application it may be intended to do good.
In Chapter 8 I have considered community care, the aim of which was to
improve the care and treatment of the mentally ill, but in a great many cases, and
for a variety of reasons, it has failed them. Finally, in the Conclusion, I consider
what improvements are necessary to present care systems in order to try and
provide humane treatment for the mentally ill.
I have based my arguments wherever possible on the stories of those affected by
mental illness; in some cases I have used written material sent to me in response to
advertisements I placed asking for people's experience of mental illness in users'
magazines such as Open Mind. I have also used material already published which
gave accounts of the experiences of the mentally ill and/or their loved ones, and
newspaper reports, of which t11ere have been a significant number in the past few
years, as concern mounts about the implementation of the policy of community
care for the mentally ill. There are dangers in such an approach; one only has one
side of the story; certainly newspaper reports often seem to have a particular slant
to them; and there is always the likelihood that such material will be biased
towards those who have had unhappy experiences. Nevertheless, I chose this
approach because it seemed to me that in all the vast 'expert' literature on the
subject of mental illness, the voices of the mentally ill and their loved ones were
conspicuous by their absence. I can therefore claim no scientific, 'objective' status

2
for any of the evidence I have used to support arguments; it was not my intention
to carry out a sociological survey, however, so I do not consider this to be a
problem. If nothing else, one can accord the status of 'thought experiments' to the
cases discussed, as a valid method of exploring the issues they raise. But wherever
the mentally ill and their loved ones do try and make their voices heard, there is
such an overwhelming catalogue of misery reported that I do not have the slightest
doubt that there is very considerable cause for concern about their treatment. If I
had to sum it up in one brief sentence, I would say that the overwhelming
complaint made by the mentally ill and their families is that of not being listened
to or not being taken seriously.
For despite the growth of user groups, special interest groups such as MIND and
SANE, the various protests made by made by those who take an 'anti-psychiatry'
stance, and the community care movement, it is still hard to avoid the conclusion
that the mentally ill do not have a voice, or, if they do, it is one that is not taken
very seriously. The mentally ill appear to be largely inaudible and invisible until
and unless they are perceived to pose a danger or nuisance to society. Then there
appears a spate of articles in the press asking what went wrong with the system,
following another tragic case concerning a mentally ill patient who has killed
someone whilst in the care of the community; or perhaps the increasing numbers
of mentally distressed people occupying the gutters of our cities causes concern or
offence to 'normal' society.
I have also relied quite heavily on the two volumes of the Report of the National
Enquiry into the Human Rights of People with Mental Illness carried out under the
auspices of the Australian Federal Human Rights Commissioner, Brian Burdekind,
and published in 1993. This report received many oral and written submissions
from people affected by mental illness, their loved ones, professional carers,
community organisations, members of the public and Federal, State and Territory
governments. It is an up-to-date, comprehensive report; an interesting,
illuminating and thought-provoking document. Although it relates to another
country, I am satisfied that the nature of society in Australia is sufficiently similar
to that in the United Kingdom to make the issues raised in this report equally
applicable here; in the absence of any comparable British document, it has proved
extremely valuable, and the British government might be well advised to consider
a comparable exercise in the UK.
The issues surrounding mental illness are great, and I am acutely aware that
there are many gaps in this book; I have not, for example, had the space to
consider specific groups, such as the elderly, children, women or ethnic minorities,
all whom could be argued to raise specific issues within the overall ethical issues
which mental illness raises. All the issues that have been considered would
warrant an entire book being devoted to them, not merely a chapter. And over and
above all these issues there is the fundamental question of whether or not mental
illness can be considered to be a valid category.

3
In its starkest terms, the debate about the validity of the concept of mental illness
may be reduced to those who accept the term at face value and those who deny the
very existence of mental illness. This issue must be acknowledged because what is
termed 'mental illness' expresses itself in deviant behaviour which frequently
causes problems to society at large. Consequently, it has been argued, most notably
by Szasz, that the concept of mental illness is merely a myth, a convenient way of
controlling those whose behaviour and beliefs pose a threat to the established
social order. Szasz considers that the term 'illness' relates only to physical
conditions, and that physical illness can be approached in a value-free, scientific
manner; whereas 'mental illness' relates to behaviour, and because 'human
behaviour is fundamentally moral behaviour' (Szasz, 1972, p. 27) conditions
considered to be mental illness are really moral issues.
This then begs such questions a what is meant by 'illness' and how is 'mental' to
be defined? And it begs consideration of the issues raised by the mind-body debate,
for classifying illnesses as either physical or mental immediately suggests that a
dualist approach to the mind-body problem is being adopted; Szasz's approach to
mental illness is certainly unrelentingly dualist.
These issues, fascinating and important though they be, must remain outside the
scope of this book; I have chosen to accept mental illness as a valid concept. as I
believe that there are convincing arguments to support this stance, and to consider
the ethical issues raised when considering the care and treatment of the mentally
ill, but these issues must be acknowledged for they are fundamental questions in
the consideration of the ethical issues involved in mental illness.
All illness has an ethical dimension because illness alters one's moral status; as
Sontag has pointed out, it suggests 'judgements of a deeper kind, both moral and
psychological, about the ill.' (Sontag, 1990, p. 43) Illness may cause a paradoxical
moral state, for the ill are likely to lose certain rights, but at the same time acquire
others, and will be excused certain moral obligations while at the same time
acquiring others. Such changes in moral status will at least partly depend upon the
meaning that is ascribed to an individual's illness.
Meaning and morality are social enterprises into which an individual is inducted
and becomes a participant; thus the experiences of the ill person are greatly
influenced by the meaning that is attached to illness. In earlier ages the meaning of
illness frequently had an overt moral element, often being associated with evil, sin
and bewitchment; contemporary sociological analysis of illness has illustrated that
this moral element, although different in form is no less present. (see, for example,
Parsons, 1951, 1958, 1978). Such work shows that being classified as 'ill' is far
from being merely a straightforward, scientific medical decision, but is also a
culturally determined, social state, as indeed, are attitudes to illness and health.
The ethical implications of being defined as 'ill' will depend upon the time and
place inhabited by a given patient - that is, a given society at a particular time in
its history. For the inhabitants of Butler'S Erewhon, illness was treated as a crime,
crime treated as an illness. The inhabitants of Erewhon are taken to hospital and

4
treated as if they were ill if they commit what would be regarded as a crime in the
narrator's world: fraud, arson, robbery with violence are all met with sympathetic
understanding. The 'cure' for such behaviour may be unpleasant, and the 'sufferer'
is expected to pursue the relevant treatment regardless of its degree of
unpleasantness, but nevertheless, she is regarded as unfortunate rather than
morally deficient.

The strange part of the story, however, is that though they ascribe moral
defects to the effect of misfortune either in character or surroundings, they
will not listen to the plea of misfortune in cases that in England meet with
sympathy and commiseration only. III luck of any kind, or even ill treatment
at the hands of others, is considered an offence against society, inasmuch as it
makes people uncomfortable to hear of it. (Butler, 1987, p. 102, emphasis
mine)

It is easy to dismiss this as the artistic licence of the author, but in certain forms,
illness, sin and crime have had a perilously close relationship throughout most
periods of Western civilisation. Butler's perceptive comment on the discomfort
caused to the Erewhonians by hearing of the misfortunes of others is particularly
relevant when considering the meanings attributed to illness, for sickness that is
perceived as in some way carrying a potential threat to the non-sick can cause
considerable discomfort, and with such discomfort the treatment of the sick person
is affected. Such threat is not limited to a direct threat to the non-sick person's
health; it can be the fear provoked by the realisation of one's own ultimate
mortality, or the feeling of 'there, but for the grace of God, go I.' Cancer patients
tell of being avoided by friends when the nature of their sickness is disclosed:
parents of handicapped children tell of attitudes which express disgust towards
their children, remarks such as, 'You should have let it die'; 'Why are you
bringing it out in public?' 'Spastic' is used by some as a term of abuse. Our
supposedly rational and scientific era is far from relinquishing guilt and shame as
possible meanings attached to sickness. Sontag, examining the metaphors relating
to AIDS, argues that:

With AIDS, ... shame is linked to an imputation of guilt; ... Indeed, to get
AIDS is precisely to be revealed, in the majority of cases so far, as a member
of a ... community of pariahs .... The unsafe behaviour that produces AIDS is
judged to be more than just weakness. It is indulgence, delinquency -
addictions to chemicals that are illegal and to sex regarded as deviant.
(Sontag, 1990, p. 24)

Perhaps we are less removed from the citizens of Erewhon than we might like to
think.

5
Certain forms of illness have meanings whose implications are even worse; such
illnesses appear to remove the sufferer from the ranks of humanity altogether, and
in the process remove rights which are nonnally taken for granted; morality often
appears to become irrelevant if the sick person is not perceived as human. Kafka's
Metamorphosis conveys this situation starkly. Gregor Samsa's metamorphosis into
a giant insect is perceived as repulsive by his family; their initial reaction to his
metamorphosis is one of shock and disbelief as they struggle to come tenns with
what Gregor's illness means to them; Gregor's metamorphosis represents to the
Samsa family a fonn of moral judgement upon them, but for what they do not
know. Although Gregor retains his human feelings, his family begin a slow
process of dehumanising him; dirt is allowed to accumulate in his room and it is
used as a repository for any unwanted items in the apartment. His metamorphosis
creates a 'spoiled identity' for Gregor, and he is increasingly regarded as
contaminated and potentially contaminating until eventually there is no pretence at
regarding him as the person he was: Gregor suffers as Donne described, centuries
earlier:

As Sicknesse is the greatest misery, so the greatest misery of sicknes is


solitude; when the infectiousnes of the disease deterrs them who should assist,
from comming; Even the Phisician dares scarse come. Solitude is a tonnent,
which is not threatened in hell it selfe .... When I am dead, & my body might
infect, they have a remedy, they may bury me; but when I am but sick, and
might infect, they have no remedy, but their absence and my solitude ... it is
an Outlawry, an Excommunication upon the patient, and separates him from
all offices ... (Donne, ed. Raspa, 1987, p. 25)

Mental illness may result in sufferers experiencing many of the injustices so


graphically described in Kafka's fictional story because mental illness is associated
with the loss of rationality, which is considered to be a prerequisite for being
considered fully human. Just as Gregor's metamorphosis strips him of his
humanity and denies him the moral considerations which we take to be a right, so
too do the moral consequences resulting from the pejorative meanings ascribed to
mental illness have great ethical implications for the mentally ill. It seems that for
many people, the degree of humanity, and !1ICrefore human rights, that is
attributed to anyone bears a direct relationship to her conforming to an acceptable
(and by implication, non-threatening) model of a human being.
It is these issues which I propose to address in this book. I am very conscious
that it is alarmingly easy to inhabit an ivory tower and offer tidy theoretical
solutions to those whose profession it is to care for the mentally ill, secure in the
knowledge that one will never be faced by the intractable problems that mental
illness often poses in the 'real' world. I would therefore like to have included more
views and experiences from professionals, in order to consider the issues mental
illness poses for those in the difficult position of trying to provide care and

6
treatment for the mentally ill, but response from the institutions that I approached
was virtually zero, and constraints of time meant that it was not possible to
approach a larger number of institutions knowing that this only might result in a
better response.
Despite the omissions that are inevitable when one considers all the many ethical
issues raised by mental illness, I hope that this attempt to address what I consider
to be some of the fundamental ethical issues raised by mental illness will be a
small step on the way to raising the most basic issue of all, the right of the
mentally ill and their loved ones to have their voices heard and what they say
taken seriously.

7
References

Table of Contents

Index v vi 1 8 22 38 60 82 102 129 154 175 178


197 ix

1
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