Elyn R. Saks
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226733975
- eISBN:
- 9780226733999
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226733999.001.0001
- Subject:
- Law, Medical Law
It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, treatment of the mentally ill suggests that American society is inhumane: swinging ...
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It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community. Focusing on overinterventionist approaches, this book explores when, if ever, the mentally ill should be treated against their will. Basing the analysis on case and empirical studies, the book explores dilemmas raised by forced treatment in three contexts–civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. It argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while the book advocates relaxing the standards for first commitment after a psychotic episode, it also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, the book proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.Less
It has been said that how a society treats its least well-off members speaks volumes about its humanity. If so, treatment of the mentally ill suggests that American society is inhumane: swinging between overintervention and utter neglect, we sometimes force extreme treatments on those who do not want them, and at other times discharge mentally ill patients who do want treatment without providing adequate resources for their care in the community. Focusing on overinterventionist approaches, this book explores when, if ever, the mentally ill should be treated against their will. Basing the analysis on case and empirical studies, the book explores dilemmas raised by forced treatment in three contexts–civil commitment (forced hospitalization for noncriminals), medication, and seclusion and restraints. It argues that the best way to solve each of these dilemmas is, paradoxically, to be both more protective of individual autonomy and more paternalistic than current law calls for. For instance, while the book advocates relaxing the standards for first commitment after a psychotic episode, it also would prohibit extreme mechanical restraints (such as tying someone spread-eagled to a bed). Finally, because of the often extreme prejudice against the mentally ill in American society, the book proposes standards that, as much as possible, should apply equally to non-mentally ill and mentally ill people alike.
