Psychoanalytic, Ethical, and Legal Contexts.
KOGGEL, Christine M., Allannah FURLONG and Charles LEVIN (Eds.)
Amsterdam/New York, NY, 2003, XVI, 265 pp.
Value Inquiry Book Series 141
Philosophy and Psychology
Metapsychology Online Book Reviews - 2004:
"Nearly every essay in the dozen that make up this collection sheds genuinely fresh light on some aspect of the "confidential relationships" referred to in the volume's title, namely, the confidential relationships between psychotherapist and patient (or client). With sometimes complementary, sometimes contradictory perspectives, the contributing psychoanalysts, philosophers, and law professors engage the reader and each other in a fascinating and thought-provoking conversation on the meaning, scope, and significance of psychotherapist-patient confidentiality. … At a time when confidential relationships (at least in North America), including but not limited to therapist-patient relationships, are under attack from the legal system, the health-care-industrial complex, and perhaps our confessional "therapeutic culture" itself, this book comes as a needed antidote -- a multifaceted, multidisciplinary exploration of the value, meaning, and even the cost of confidentiality. … nearly every essay in the book contains some fact or theoretical insight about confidential relationships -- psychotherapeutic and otherwise -- for which professionals and non-professionals alike will be grateful."
Click here to read the whole review in Metapsychology
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.
Part One INTRODUCTION
ONE Charles LEVIN, Christine M. KOGGEL, and Allannah FURLONG: Questions and Themes
Part Two PSYCHOANALYSIS
Allannah FURLONG: The Questionable Contribution of Psychotherapeutic and Psychoanalytic Records to the Truth-Seeking Process
THREE R.D. HINSHELWOOD: A Psychoanalytic Perspective on Confidentiality: The Divided Mind in Treatment
FOUR Jacques MAUGER: Public, Private …
FIVE Charles LEVIN and Christine URY : Welcoming Big Brother : The Malaise of Confidentiality in the Therapeutic Culture
Part Three ETHICS
SIX Michael YEO and Andrew BROOK: The Moral Framework of Confidentiality and the Electronic Panopticon
SEVEN Christine M. KOGGEL: Confidentiality in the Liberal Tradition: A Relational Critique
EIGHT Margaret DENIKE: Sexual Inequality and the Crisis of Confidentiality: The Myth and the Law on Personal Records
NINE Sue CAMPBELL: Relational Remembering: Suggestibility and Women’s Confidential Records
Part Four LAW
TEN Paul W. MOSHER: Psychotherapist-Patient Privilege: The History and Significance of the United States Supreme Court’s Decision in the Case of Jaffee v. Redmond
ELEVEN Karen BUSBY: Responding to Defense Demands for Clients’ Records in Sexual Violence Cases: Some Guidance for Record Keepers
TWELVE Nathalie des ROSIERS: confidentiality, Human Relationships, and Law Reform
About the Contributors
About the Contributors
Andrew Brook is Professor of Philosophy and Cognitive Science and Director of the Institute of Interdisciplinary Studies at Carleton University in Ottawa, Canada. He is past-president of Canadian Philosophical Association and a member and past National Council member of the Canadian Psychoanalytic Society. He is the author of Kant and the Mind, co-author of Knowledge and Mind: A Philosophical Introduction; co-editor of Dennett’s Philosophy: A Comprehensive Assessment; as well as numerous journal articles in the areas of Philosophy and Psychoanalysis.
Karen Busby is Professor of Law at the University of Manitoba. Much of her research and community work over the last twenty years has focused on sexual violence and the law. She has personal experience working on the “front line” as a sexual assault counselor. Her work on the discriminatory uses and effects on complainants and counselors of requests for personal records in sexual violence cases has been influential in judicial reasoning in Canada. Two of her articles, “Discriminatory Uses of Personal Records in Sexual Violence Cases” and “Third Party Records Cases Since O’Connor” were cited by the Canadian Supreme Court in its 1999 Mills decision.
Sue Campbell is Associate Professor of Philosophy and Women’s Studies at Dalhousie University. She is the author of Interpreting the Personal: Expression and the Formations of Feelings (1997) and co-editor (with Susan Babbitt) of Racism and Philosophy (1999). She is currently working on a book on relational remembering.
Margaret Denike is Assistant Professor and Coordinator in the Program in Gender Equality and Social Justice at Nipissing University. She has a Ph.D. in Social and Political Thought with a concentration in Continental Philosophies of Semiotics, Hermeneutics, and the production of meaning. Formerly the President of the National Association of Women and the Law (NAWL), she is currently a member of the National Legal Committee of the Women’s Legal Education and Action Fund (LEAF) and a member of the Advisory Council to the Law Commission of Canada. In addition to contemporary work in feminist and legal social activism, she has spent the past several years researching and writing on the European Witch Craze, and on the social and legal conditions making possible such regimes of persecution.
Nathalie Des Rosiers is President of the Law Commission of Canada. She is a Professor of Law on leave from the Faculty of Law, Common Law, at the University of Ottawa. From 1987 to 2000, Ms. Des Rosiers was a Faculty member at the Faculty of Law, University of Western Ontario. She is the author with Louise Langevin of “L’indemnisation des victimes de violence sexuelle et conjugale”, published in 1998 by Les Éditions Yvon Blais.
Allannah Furlong, Ph.D., is a private practice Psychologist and Psychoanalyst (member of the Canadian Psychoanalytic Society and the International Psychoanalytical Association). She was co?chair of the 2000 conference, “Confidentiality & Society: Psychoanalysis, Ethics, and the Law” in Montreal. She is the author of several articles on technical and ethical issues concerning the treatment setting, including the topics of clinical reporting, payment, dossier access, and “counter?transference translation.” Her current research is into the auto?theorizing function of memory.
R.D. Hinshelwood, M.D., is a Member of the British Psychoanalytical Society and Professor in the Centre for Psychoanalytic Studies, University of Essex, UK. He founded the British Journal of Psychotherapy in 1984 and more recently the journal, Psychoanalysis and History. He published A Dictionary of Kleinian Thought in 1989, and Clinical Klein in 1994, followed in 1997 by Therapy and Coercion: Does Psychoanalysis Differ from Brainwashing? His most recent work, consecrated to a psychoanalytic understanding of organizations, includes Thinking about Institutions.
Christine Koggel is Associate Professor of Philosophy at Bryn Mawr College. Her main areas of teaching and research are moral and political theory, practical ethics, and feminist theory. She is the author of Perspectives on Equality: Constructing a Relational Theory (Rowman & Littlefield, 1998); editor of Moral Issues in Global Perspective (Broadview 1999); and co-editor (with Wesley Cragg) of the fourth edition (McGraw-Hill Ryerson, 1997) and the fifth edition (McGraw-Hill Ryerson, forthcoming 2003) of Contemporary Moral Issues.
Charles Levin, Ph.D., is a member of the Canadian Psychoanalytic Society (CPS) in full time practice in Montreal. He is President of the Quebec English Branch of the CPS and Adjunct Professor, Graduate Program in Art History and Communication Studies, McGill University. He was co-chair of the Conference: “Confidentiality & Society: Psychotherapy, Ethics and the Law”, held in Montreal, October 13?15, 2000. His publications include Jean Baudrillard: A Study in Cultural Metaphysics (London: Prentice Hall, 1995).
Jacques Mauger, M.D., is a member of the Canadian Psychoanalytic Society and Institute and the Association des médecins psychiatres du Québec. Of his numerous publications, two recent ones, "Pratiques de mémoire, pratiques de répétition, L'avenir d'une illusion" and the monograph "Pure culture..." are part of an on?going meditation on the meta?psychological and clinical implications of the trans?individual foundations of human identity and unconscious conflict. He is considered one of Canada's leading psychoanalytic theorists.
Paul W. Mosher, M.D., is a Psychoanalyst in private practice in Albany, New York. He is a former Chairman of the Joint Committee on Confidentiality of the American Psychoanalytic Association and is currently a consultant to that Committee. He is also that organization’s Allied Professional Organization Representative to the American Psychiatric Association Committee on Confidentiality. Dr. Mosher coordinated the preparation of the amici curiae brief submitted to the U.S. Supreme Court by a consortium of U.S. psychoanalytic organizations in Jaffee v Redmond and has lectured and written on the Jaffee case and the HHS Privacy Rule. He also maintains a WWW site devoted to the Jaffee privilege at URL = http://jaffee?redmond.org. Dr. Mosher is a councilor-at-Large of the American Psychoanalytic Association.
Christine Ury, D.Ps, is a member of the Canadian Psychoanalytic Society (CPS) in full-time practice in Montreal. She is Director of the Individual Psychotherapy Training Program at the Argyle Institute of Human Relations. Her psychoanalytic publications include "The Shadow of Object Love: Reconstructing Freud's Theory of PreOedipal Guilt" in Psychoanalytic Quarterly.
Michael Yeo is a philosopher who specializes in ethics and values in health and social policy. He has lectured and published extensively on a range of topics, including health privacy, resource allocation, and professional ethics. Yeo is currently an Adjunct Professor in the Faculty of Medicine at the University of Ottawa and, for 2002/03, Visiting Professor at Carleton University. Michael also consults to professions and organizations on issues of ethics and values.