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Le traitement juridique du trouble mental. Essai sur les rapports entre Droit et psychiatrie

Abstract : To study mental disorder the first instinct is to turn to medicine, especially psychiatry. However, the law does have some sort of connection with this theme and the following study aims at comprehending the legal treatment of mental disorder. Based on the polysemy of the word “treatment” we will analyze the different ways the law deals with mental disorder and the level of freedom to which the mentally ill are entitled. As the most commonly accepted meaning of the word “treatment” refers to the way a person is addressed, the purpose of the following study will be to understand how the law deals with the mentally ill as well as the difference of attention given to the patients who are committed to a mental institution and those who are detained in prison. As the second meaning of the word refers to the way of solving a problem, this study will focus on how lawmakers reacted to the convictions passed by the European Court of Human Rights and to the unconstitutionality rulings rendered by the French constitutional judge. The second meaning of the word will also enable to study the root causes of the phenomenon of communicating vessels between mental institutions and prisons. We will see that the borders between law and psychiatry are porous; that is why the study will aim at analyzing the connections between law and psychiatry as well as their consequences on the mentally ill. The attitude towards sick people will depend entirely on the relationships between the two subjects. By giving a legal framework to psychiatry, the law attempts to promote access to healthcare and to reassert the value of individual freedom. On the other hand, psychiatry will influence the law, which will have to put in place systems to monitor and keep the mentally sick under control. The study of the legal treatment of mental disorder. Essay on the connections between law and psychiatry is at the core of the encounter between antagonistic values and concepts. Right and duty, freedom and safety, accountability and unaccountability, or care and punishment interconnect in a complex and interesting theme.
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https://tel.archives-ouvertes.fr/tel-02127882
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Submitted on : Monday, May 13, 2019 - 6:14:21 PM
Last modification on : Wednesday, October 14, 2020 - 3:53:26 AM
Long-term archiving on: : Thursday, October 10, 2019 - 6:51:13 AM

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  • HAL Id : tel-02127882, version 2

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Julien Paris. Le traitement juridique du trouble mental. Essai sur les rapports entre Droit et psychiatrie. Droit. Université Grenoble Alpes, 2017. Français. ⟨NNT : 2017GREAD011⟩. ⟨tel-02127882v2⟩

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