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Journal of Medical Ethics logoLink to Journal of Medical Ethics
. 2005 Feb;31(2):78–81. doi: 10.1136/jme.2004.008748

"Idiots, infants, and the insane": mental illness and legal incompetence

T Szasz 1
PMCID: PMC1734083  PMID: 15681670

Abstract

Prior to the second world war, most persons confined in insane asylums were regarded as legally incompetent and had guardians appointed for them. Today, most persons confined in mental hospitals (or treated involuntarily, committed to outpatient treatment) are, in law, competent; nevertheless, in fact, they are treated as if they were incompetent. Should the goal of mental health policy be providing better psychiatric services to more and more people, or the reduction and ultimate elimination of the number of persons in the population treated as mentally ill?

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Selected References

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  1. Hewson B. The law on managing patients who deliberately harm themselves and refuse treatment. BMJ. 1999 Oct 2;319(7214):905–907. doi: 10.1136/bmj.319.7214.905. [DOI] [PMC free article] [PubMed] [Google Scholar]
  2. Iglehart John K. The mental health maze and the call for transformation. N Engl J Med. 2004 Jan 29;350(5):507–514. doi: 10.1056/NEJMhpr032740. [DOI] [PubMed] [Google Scholar]
  3. Sadler John Z., Fulford Bill. Should patients and their families contribute to the DSM-V process? Psychiatr Serv. 2004 Feb;55(2):133–138. doi: 10.1176/appi.ps.55.2.133. [DOI] [PubMed] [Google Scholar]
  4. Szasz T. Psychiatry and the control of dangerousness: on the apotropaic function of the term "mental illness". J Med Ethics. 2003 Aug;29(4):227-30; discussion 230-2, 237. doi: 10.1136/jme.29.4.227. [DOI] [PMC free article] [PubMed] [Google Scholar]

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