Parens Pa Triae
Poltergeist of Mental Health Law
Bibliographic Data
| ID | 6090377 |
|---|---|
| Authors | Curt R Bartol (Castleton University, corresponding author) |
| Year | 1981 |
| Volume | 3 |
| Issue | 2 |
| Pages | 191-207 |
| Publication date | 1981-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Policy (JOURNAL) |
| Journal identifiers | ISSN: 0265-8240 • E-ISSN: 1467-9930 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1467-9930.1981.tb00242.x |
| OpenAlex | W1990682882 |
| Language | EN |
| References cited | 10 |
This article examines the uncanny resiliency of an ancient doctrine called parens patriae despite legislative and judicial attempts to restrict its use in involuntary commitment proceedings of the mentally ill. Attempts by the legislature and courts to reduce parens patriae rationales, which are heavily promoted by the medical profession, have emphasized police power rationales and have followed two general strategies. One strategy sets up a number of procedural steps that provide monitoring of individual rights at critical junctures during the commitment process. The second strategy attempts to establish multiple criteria that must be met before any commitment decision can by made. It is pointed out that legislatures, and to some extent the courts, have focused on the procedural strategy, while neglecting the more substantive issue of behavioral criteria. It is argued that the lack of attention to the second strategy, specifically in relation to clear definitions and rigorous criteria, have created the impetus for the medical‐psychiatric profession to continue its dominance in involuntary commitment proceedings under the guise of parens patriae
Doctrine · Dominance (genetics · Legislature · Political science · Power (physics · Healthcare Decision-Making and Restraints · Homicide, Infanticide, and Child Abuse · Law · Medical Malpractice and Liability Issues · Psychology
| Citation velocity | historical |
|---|---|
| Highly cited | No |