ABSTRACT
Regulation, whatever its form, is traditionally associated with the prevention of harm or the risk of harm. Law and regulation of mental health does not differ from this norm. Historically, it is clear that legal regulation of mental health provision has been premised upon concerns for public safety. The extent to which these concerns were material appears uncertain in retrospect. Nevertheless, it is clear that initial drivers for regulation in this area were founded deeply in public concern over the management and control of the ‘insane’.
