THE INVOLUNTARY CIVIL COMMITMENT OF MENTALLY ILL PERSONS IN THE UNITED STATES AND ROMANIA: A COMPARATIVE ANALYSIS

Author:

Loue Sana

Publisher

Informa UK Limited

Subject

Law,General Medicine

Reference86 articles.

1. EDWARD SHORTER, A HISTORY OF PSYCHIATRY: FROM THE ERA OF THE ASYLUM TO THE AGE OF PROZAC 22 (1997).

2. Resolution of the American Psychiatric Association, Dec .15,1973. Some mental health professional s believe that gender identity disorder, which remains classified as a mental illness, is a precursor to homosexualit y and disagree with the elimination of homosexualit y from the Diagnostic and Statistical Manual. AMERICAN PSYCHIATRIC ASSOCIATION, DIAGNOSTIC AND SIAIISTICAL MANUAL OF MENTAL DISORDERS (DSM-IV) (4th ed. 1994). For an in-depth examination of the issues related to the still-existing controversy, see Miye A. Goishi, Legal & Social Responses to the Problems of Queer Youth: Unlocking the Closet Door: Protecting Children from Involuntary Civil Commitment Because of Their Sexual Orientation, 48 HASTINGS L.J. 1137 (1997).

3. Kleinman, supra note 14. Schizophrenia has been known by various terms. The disorder now known as schizophreni a was referred to as "dementia praecox" by Benedict Morel; the term was derived from the Greek words for "split" and "mind." The term "schizophrenia" was first used by the Swiss psychiatrist Eugene Bleuler, who believed that the disease resulted from a split in psychic functioning due to an unidentified cause. John G. Howells, Introduction, in THE CONCEPT OF SCHIZWHRBNIA, supra note 13, at ix.

4. THOMAS SZASZ, THE MANUFACTURE OF MADNESS: A COMPARAITVE STUDY OF THE INQUISITION AND THE MENTAL HEALTH MOVEMENT xxv (1970). Szasz has been unfailingly emphaticinhisrejection of specified behaviors as indicative of mental illness and mental illness as an actual illness: What is . the thing itself that psychiatrists describe, debate, diagnose and treat? The psychiatrist says it is mental illness, which, he now quickly adds, is the name of the neurochemical lesions of the brain. I say it is conflict and coercion and the rules that regulate the psychiatrist's powers and privileges and the patient's rights and responsibilities. The former perspective leads to an analysis of psychiatry in terms of illness and treatment, medical theory and therapeutic practice, while the latter perspective leads to an analysis in terms of coercion and contract, the exercise of power and the efforts to limit it, in short, political theory and legal practice. THOMAS SZASZ, INSANITY: THE IDEA AND ITS CONSEQUENCES XIII (1997) (emphasis in original). See also THOMAS SZASZ, CRUEL COMPASSION: PSYCHIATRIC: CONTROL OF SOCIETY'S UNWANTED (1994). Szasz, together with R.D. Laing, David Cooper, Michel Foucault, and sociologist Erving Goffman, have been seen as the purveyors of the anti-psychiatry movement. Norman Dain, Critics end Dissenters: Reflections on "Anti-Psychiatry" in the United States, 25 J. HIST. Soc. Sei. 3 (1989).

5. ANN GOLDBERG, SEX, RELIGION, AND THE MAKING OF MODERN MADNESS: THE EBERBACH ASYLUM AND GERMANSOCIETY 1815-1849 (1999).

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