Confidential Relationships: Psychoanalytic, Ethical, and Legal ContextsChristine M. Koggel, Allannah Furlong, Charles Levin Rodopi, 2003 - 263 pages This book focuses the collective attention of psychotherapists, the legal community, social scientists, and ethicists on the moral, legal, and clinical problems of confidentiality in psychotherapeutic practice. By providing timely and important interdisciplinary contributions, the book opens the way to understanding, if not resolving, the conflicting interests and values at stake in the debate on confidentiality. |
Contents
| 1 | |
| 22 | |
| 31 | |
FIVE | 56 |
SIX The Moral Framework of Confidentiality and | 85 |
The History | 177 |
ELEVEN Responding to Defense Demands for Clients Records | 207 |
TWELVE སྶི Confidentiality Human Relationships and Law Reform | 229 |
About the Contributors | 249 |
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Common terms and phrases
abuse accused American Psychoanalytic Association analyst answer and defense argued autonomy Axiology behavior Busby Canada Canadian Charles Levin client clinical Commission of Canada communication complainant complainant's concern confidentiality conflict consent context counseling counselors counter-transference Court of Canada credibility criminal debate decision disclosed disclosure ethical evidence example feelings Feminist harm harm principle health information human hypnosis hypnotic susceptibility impact individual issue Jaffee Jerry Springer Show Jon Mills justice Koggel Law Commission Law Review lawyers liberal liberal democratic Mills moral O'Connor Osolin patient personal records perspectives physician-patient privilege potential practice professional protection psychiatric psychiatrist psychoanalytic Psychotherapist-Patient Privilege psychotherapy question rape record keepers Records in Sexual Redmond relational relevant require right to privacy role rules sexual assault sexual violence Slovenko social society specific speech suggestibility Supreme Court therapeutic relationship therapist therapy third parties traditional treatment trial trust unconscious understanding volume in Philosophy women
Popular passages
Page 2 - Whatever, in connection with my professional practice or not in connection with it, I see or hear in the life of men, which ought not to be spoken of abroad, I will not divulge as reckoning that all such should be kept secret.
Page 177 - There is no man so good, who, were he to submit all his thoughts and actions to the laws, would not deserve hanging ten times in his life...
Page 92 - Effective psychotherapy, by contrast, depends upon an atmosphere of confidence and trust in which the patient is willing to make a frank and complete disclosure of facts, emotions, memories, and fears. Because of the sensitive nature of the problems for which individuals consult psychotherapists, disclosure of confidential communications made during counseling sessions may cause embarrassment or disgrace. For this reason, the mere possibility of disclosure may impede development of the confidential...
Page 134 - In general terms, the purpose of s. 15(1) is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law as human beings or as members of Canadian society, equally capable and equally deserving of concern, respect and consideration.
Page 196 - Although it would be premature to speculate about most future developments in the federal psychotherapist privilege, we do not doubt that there are situations in which the privilege must give way, for example, if a serious threat of harm to the patient or to others can be averted only by means of a disclosure by the therapist.
Page 61 - One has to be completely taken in by this internal ruse of confession in order to attribute a fundamental role to censorship, to taboos regarding speaking and thinking; one has to have an inverted image of power in order to believe that all these voices which have spoken so long in our...
Page 196 - Court's rejection of the so-called "control group" test, its reasons for doing so, and its ultimate holding that the communications at issue are privileged. As the Court states, however, "if the purpose of the attorneyclient privilege is to be served, the attorney and the client must be able to predict with some degree of certainty whether particular discussions will be protected.
Page 189 - Among physicians, the psychiatrist has a special need to maintain confidentiality. His capacity to help his patients is completely dependent upon their willingness and ability to talk freely. This makes it difficult if not impossible for him to function without being able to assure his patients of confidentiality and, indeed, privileged communication. Where there may be exceptions to this general rule . . ., there is wide agreement that confidentiality is a sine qua non for successful psychiatric...
Page 61 - ... one has to have an inverted image of power in order to believe that all these voices which have spoken so long in our civilization— repeating the formidable injunction to tell what one is and what one does, what one recollects and what one has forgotten, what one is thinking and what one thinks he is not thinking—are speaking to us of freedom.