Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Law and Psychology

Journal

Cleveland State University

Mental patient

Articles 1 - 2 of 2

Full-Text Articles in Law

Hospital Refusal To Release Mental Patient, Thomas S. Szasz Jan 1960

Hospital Refusal To Release Mental Patient, Thomas S. Szasz

Cleveland State Law Review

This paper was intended as a contribution to the study of psychiatry, and especially institutional psychiatry, as a form of social control. More specifically, I have sought to present further evidence in support of the thesis that the relationship between the involuntarily hospitalized mental patient and his psychiatrist (s) is commonly antagonistic rather than cooperative in nature. The conception of a "mental illness," as essentially similar to a bodily disease, serves to obscure the many exceedingly significant socio-economic, legal and ethical aspects of forced mental hospitalization.The patient's lawsuit for release, and the psychiatric superintendent's appeal that he be permitted to …


Civil Liberties And The Mentally Ill, Thomas S. Szasz Jan 1960

Civil Liberties And The Mentally Ill, Thomas S. Szasz

Cleveland State Law Review

Here are two basic ways in which a person may assume the social role of "mental patient." First, it may be assumed voluntarily, meaning that the role is self-defined. Second, it may be foisted upon a person against his will. This means that a person may be defined as "mentally ill" by someone other than himself. This definition, then, if properly implemented, may become generally accepted or socially verified. I shall limit myself here to calling attention to certain ethical and legal aspects of the psychiatrist's involvement with the second class of "mentally ill" patients.