Some Legal Issues in Counselling and Psychotherapy

Although substantial legal difficulties can face anyone trying to recover compensation from counsellors for breach of their legal duties, such claims can in principle succeed. Counsellors ought to take particular care to provide a physically safe setting for the counselling session. Advice given to the client can lead to liability both to the client and to third parties who may be affected. The impact of the client's actions on third parties can justify, and less often compel, departures from confidentiality. The importance of keeping client records has to be balanced against legal obligations imposed on counsellors in various situations to make such records available for inspection by the client or third parties.     

Theory change in immunology part II: The clonal selection theory

This two-part article examines the competition between the clonal selection theory and the instructive theory of the immune response from 1957–1967. In Part I the concept of a temporally extended theory is introduced, which requires attention to the hitherto largely ignored issue of theory individuation. Factors which influence the acceptability of such an extended theory at different temporal points are also embedded in a Bayesian framework, which is shown to provide a rational account of belief change in science. In Part II these factors, as elaborated in the Bayesian framework, are applied to the case of the success of the clonal selection theory and the failure of the instructive theory.     

A ray of light about frozen embryos.

The Tennessee Supreme Court's decision in Davis v. Davis, a case that raises the question of how to allocate frozen embryos in the event of divorce, addresses many of the legal issues posed by in vitro fertilization. The decision considers the interests of the progenitors as well as of the children who may result. For example, the court held that gamete providers' discretion regarding the disposition of embryos can be limited only when their decisions would harm the children who might be born. The court also made clear that efforts to seek genetic parenthood are protected only when accompanied by a desire to raise the resulting children, a conclusion that also affects other reproductive technologies. In addition to elaborating an analytic framework, the court set guidelines for resolving disputes when the couples had made no prior agreements, including holding that while the embryos are ex-utero the desire to avoid genetic parenthood almost always trumps the wish to become a parent. The well-reasoned analysis in Davis v. Davis should help shape legal and ethical discussion regarding the use of in vitro fertilization for many years to come.     

Coping strategies and diastolic blood pressure

An organizational field study involving 95 civil service employees examined the ways these individuals coped with the stressful events of their daily living. Lazarus' cognitive-phenomenological analysis of psychological stress provided the theoretical framework. Subjects indicated on Lazarus' Ways of Coping Checklist those coping thoughts and actions used in the specific encounter described as stressful. As hypothesized, individuals experiencing higher diastolic blood pressure were more likely to cope using strategies characterized by wishful thinking, avoidance, and minimization of threat than were individuals exhibiting lower blood pressure. Implications from both an individual and organizational perspective are discussed.     

Social psychology and the wrong revolution

Many social psychologists take increasing comfort in cognitive explanations of human action. This paper first attempts to demonstrate that cognitively based formulations not only delimit the possibilities for social understanding, but create a range of intractable conceptual problems. If real world events are reduced to cognitive representations of the world, then social events cease to exist for the discipline as legitimate foci of concern. Further, once the reality of cognition is granted, there is no conceptual means of viably explaining either the origins or acquisition of cognitive categories (schemas, representations, etc.), or the relationship between cognition and action. The paper then goes on to argue that the cognitive revolution in psychology blinds the discipline to the far more pervasive revolution occurring elsewhere in the intellectual world, that of social epistemology. When cognition is replaced by language as the major means for representing the world, then the individual is replaced by the social relationship as the central focus of concern. Theory and research within the framework of social epistemology are reviewed and their implications discussed.     

Depressive characteristics of physically abused children

Physically abused and nonabused children were compared on child-completed measures of depression, hopelessness, self-esteem, and locus of control. Results indicated that, in comparison with nonabused controls, abused children evidenced more depressive symptoms, heightened externality, lower self-esteem, and greater hopelessness about the future. Group differences in depressive symptomatology were not accounted for on the basis of differences in age, sex, race, gender, IQ, or socioeconomic status. Results replicate the results of Kazdin, Moser, Colbus, and Bell (1985) derived from a sample of physically abused psychiatric inpatients and extend the generality of these findings to abused children of nonpatient status. Implications of the findings for clinical interventions, theoretical models of child depression, and future research are discussed.The authors wish to thank Alvin Hadley and the staff of Franklin County Children Services.Appreciation is also extended to Dr. Charles Wenar.