Law, Liberty and Psychiatry


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Law, Liberty, and Psychiatry


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Faith in Freedom


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The libertarian philosophy of freedom is characterized by two fundamental beliefs: the right to be left alone and the duty to leave others alone. Psychiatric practice routinely violates both of these beliefs. It is based on the notion that self-ownership—exemplified by suicide—is a not an inherent right, but a privilege subject to the review of psychiatrists as representatives of society. In Faith in Freedom, Thomas Szasz raises fundamental questions about psychiatric practices that inhibit an individual's right to freedom. His questions are fundamental. Is suicide an exercise of rightful self-ownership or a manifestation of mental disorder? Does involuntary confinement under psychiatric auspices constitute unjust imprisonment, or is it therapeutically justified hospitalization? Should forced psychiatric drugging be interpreted as assault and battery on the person or is it medical treatment? The ethical standards of psychiatric practice mandate that psychiatrists employ coercion. Forgoing such "intervention" is considered a dereliction of the psychiatrists' "duty to protect." How should friends of freedom—especially libertarians—deal with the conflict between elementary libertarian principles and prevailing psychiatric practices? In Faith in Freedom, Thomas Szasz addresses this question more directly and more profoundly than in any of his previous works.




Minding Justice


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This comprehensive examination of the laws governing the punishment, detention, and protection of people with mental disabilities provides innovative solutions to problems associated with criminal responsibility, protection of society from "dangerous" individuals, and the state's authority to act paternalistically.




Psychiatric Slavery


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Re-examining psychiatric interventions from a cultural-historical and political-economic perspective, Szasz demonstrates that the main problem that faces mental health policymakers today is adult dependency. Millions of Americans, diagnosed as mentally ill, are drugged and confined by doctors for non-criminal conduct, go legally unpunished for the crimes they commit, and are supported by the state - not because they are sick, but because they are unproductive and unwanted. Obsessed with the twin beliefs that misbehaviour is a medical disorder and that the duty of the state is to protect adults from themselves, we have replaced criminal-punitive sentences with civil-therapeutic programmes. The result is the relentless loss of individual liberty and erosion of personal responsibility - symptoms of the transformation of a Constitutional Republic into a Therapeutic State, unconstrained by the rule of law.




Liberation by Oppression


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"The book is readable and challenging; readers will never see psychiatry in the same way again." -- Choice Reviews Originally called mad-doctoring, psychiatry began in the seventeenth century with the establishing of madhouses and the legal empowering of doctors to incarcerate persons denominated as insane. Until the end of the nineteenth century, every relationship between psychiatrist and patient was based on domination and coercion, as between master and slave. Psychiatry, its emblem the state mental hospital, was a part of the public sphere, the sphere of coercion. The advent of private psychotherapy, at the end of the nineteenth century, split psychiatry in two: some patients continued to be the involuntary inmates of state hospitals; others became the voluntary patients of privately practicing psychotherapists. Psychotherapy was officially defined as a type of medical treatment, but actually was a secular-medical version of the cure of souls. Relationships between therapist and patient, Thomas Szasz argues, was based on cooperation and contract, as is relationships between employer and employee, or, between clergyman and parishioner. Psychotherapy, its emblem the therapist's office, was a part of the private sphere, the contract. Through most of the twentieth century, psychiatry was a house divided-half-slave, and half-free. During the past few decades, psychiatry became united again: all relations between psychiatrists and patients, regardless of the nature of the interaction between them, are now based on actual or potential coercion. This situation is the result of two major "reforms" that deprive therapist and patient alike of the freedom to contract with one another: Therapists now have a double duty: they must protect all mental patients-involuntary and voluntary, hospitalized or outpatient, incompetent or competent-from themselves. They must also protect the public from all patients. Persons designated as mental patients may be exempted from responsibility for the deleterious consequences of their own behavior if it is attributed to mental illness. The radical differences between the coercive character of mental hospital practices in the public sphere, and the consensual character of psychotherapeutic practices in the private sphere, are thus destroyed. At the same time, as the scope of psychiatric coercion expands from the mental hospital to the psychiatrist's office, its reach extends into every part of society, from early childhood to old age. Thomas Szasz is professor of psychiatry emeritus at the State University of New York Health Science Center in Syracuse, New York and Adjunct Scholar at the Cato Institute, Washington, DC. He is the author of over two dozen books in fifteen languages, including The Myth of Mental Illness and most recently, Pharmacracy: Medicine and Politics in America. "The book is readable and challenging; readers will never see psychiatry in the same way again."--Choice "Szasz now appears to have been transformed into an ally rather than an enemy of the National Health Service general adult psychiatrist. Szasz's project has always been to argue passionately for a boundry of demarcation around the responsibility and power of psychiatry....But what saves this book from being just another mugging of psychiatry is that Szasz does raise a fundamental question at the core of our discipline. If we restricted our attention only to those clients who wanted to see a psychiatrist, and disengaged from all those who really didn't, how different might our professional practice and experience be?"--The British Journal of Psychiatry




Mental Illness, Human Rights and the Law


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This book explores the law relating to the right to liberty of people with mental illness and international human rights standards. It is also a manifesto for change, urging reconsideration of the protection and promotion of the human rights of people with mental illness. Covers all UK jurisdictions plus Ireland.




The Myth of Mental Illness


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“The landmark book that argued that psychiatry consistently expands its definition of mental illness to impose its authority over moral and cultural conflict.” — New York Times The 50th anniversary edition of the most influential critique of psychiatry every written, with a new preface on the age of Prozac and Ritalin and the rise of designer drugs, plus two bonus essays. Thomas Szasz's classic book revolutionized thinking about the nature of the psychiatric profession and the moral implications of its practices. By diagnosing unwanted behavior as mental illness, psychiatrists, Szasz argues, absolve individuals of responsibility for their actions and instead blame their alleged illness. He also critiques Freudian psychology as a pseudoscience and warns against the dangerous overreach of psychiatry into all aspects of modern life.







Law and Psychiatry


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This book is about the competing images of man offered us by the disciplines of law and psychiatry. Michael Moore describes the legal view of persons as rational and autonomous and defends it from the challenges presented by three psychiatric ideas: that badness is illness, that the unconscious rules our mental life, and that a person is a community of selves more than a unified single self. Using the tools of modern philosophy, he attempts to show that the moral metaphysical foundations of our law are not eroded by these challenges of psychiatry. The book thus seeks, through philosophy, to go beneath the centuries-old debates between lawyers and psychiatrists, and to reveal their hidden agreement about the nature of man. Some attention is paid to practical legal and psychiatric issues of contemporary concern, such as the proper definition of mental illness for psychiatric purposes, and the proper definition of legal insanity for legal purposes. This book was first announced, for publication in hard covers, in the Press's January to July seasonal list.