Therapeutic Jurisprudence and the Civil Rights of Institutionalized Mentally Disabled Persons: Hopeless Oxymoron or Redemptive Strategy?

Authors

Michael L. Perlin, New York Law SchoolFollow
Keri A. Gould
Deborah Dorfman

Document Type

Article

Publication Date

3-1995

Abstract

This article examines, from a therapeutic jurisprudence (TJ) perspective, the rights of institutionalized mentally disabled persons to determine whether TJ is compatible with positions advancing civil rights and liberties, and whether lawyers for such individuals should look more closely to TJ as a source of rights. It concludes (a) that despite harsh criticisms of mental disability law reform, most of the important decisions in the areas of involuntary civil commitment, right to treatment, and right to refuse treatment law have a strong TJ component and (b) that TJ analyses may be the appropriate tool to reinvigorate this area of mental disability law.

Comments

Special Theme: Therapeutic Jurisprudence
Psychology, Public Policy, and Law, Vol. 1, Issue 1 (March 1995), pp. 80-119

Recommended Citation

Perlin, Michael L.; Gould, Keri A.; and Dorfman, Deborah, "Therapeutic Jurisprudence and the Civil Rights of Institutionalized Mentally Disabled Persons: Hopeless Oxymoron or Redemptive Strategy?" (1995). Articles & Chapters. 1556.
https://digitalcommons.nyls.edu/fac_articles_chapters/1556