Abstract

The current state of mental health law in England and Wales exhibits a set of systematic antinomies. This should not be seen as a flaw of the legislation; the antinomies in law reflect an underlying antinomial structure at work where the vocations of care are practiced and regulated in a broadly liberal legal environment. The aim of this paper is to identify these antinomial structures and to deploy resources from the post-Kantian idealist tradition to diagnose them and to consider how they might be managed.