Mental disorders, law, and state : a sociological analysis of the periods of reform in Canadian mental health law
department or school: Arts, Faculty of
department or school: Anthropology, Department of
data provider: DSpace
degree campus: UBCV
creator: Gordon, Robert Macaire
issued: 2010-09-29T00:14:48Z
issued: 1988
related degree: Doctor of Philosophy - PhD
degree grantor: University of British Columbia
description: A survey and analysis of Canadian statutes and cases affecting the management of the mentally disordered demonstrates that this area of law has experienced several periods of reform since 1900. In the early 1900's, legislation was characterized by 'limited legalism'. Governments subsequently eased, removed, and then re-imposed forms of judicial and quasi-judicial supervision over the activities of medical practitioners, and the periods of reform are referred to as 'medicalization', 'enhanced medicalization', and the 'new legalism'. The law reforms are associated with changes in state strategies for the management of the mentally disordered, and the relationship between these reforms and changes, the state, structural conditions (e.g., shifts in economic policy), and human agency (e.g., the work of reformers) is explored through an analysis of the emergence of 'enhanced medicalization' in the 1950's/60's, and the rise of the 'new legalism' in the 1970's/80's. This includes a detailed case study of shifts in strategy and the process of law reform in the province of British Columbia. This component of the research involved an analysis of documentary and archival materials, and the structuralist theoretical trajectory within the neo-Marxist sociology of state and law is utilized to explain the changes. Enhanced medicalization was an integral part of a strategy involving de-institutionalization, an abandonment of segregated confinement, and the use of community-based resources integrated with the health care component of a Keynesian, 'welfare state'. Institutions were seriously over-crowded, ineffective, expensive, and discredited, and the emergence of social assistance and other features of the welfare state enabled the development of alternatives. The conditions were favourable to the efforts of a group of reformers that was an auxiliary part of the state apparatus; namely, the Canadian Mental Health Association. The latter constructed a strategy and supporting legisla…
aggregated CHO: https://circle.library.ubc.ca/rest/handle/2429/28791
note: MENTAL DISORDER, LAW, AND STATE: SOCIOLOGICAL ANALYSIS OF THE PERIODS OF REFORM CANADIAN MENTAL HEALTH LAW By ROBERT MACAIRE GORDON B.A. (Hons.)/ La Trobe U n i v e r s i t y , 1979 M.A. (Crim.)/ Simon Fr a s e r U n i v e r s i t y , 1981 A THESIS SUBMITTED IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY i n THE FACULTY OF GRADUATE STUDIES (Department of Anthropology and Sociology) We accept t h i s t h e s i s as conforming to the r e q u i r e d standard THE UNIVERSITY OF BRITISH COLUMBIA October 1988 © Robert Macaire Gordon, 1988 In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University of British Columbia, I agree that the Library shall make it freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the head of my department or by his or her representatives. It is understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. Department of J^TftgMH'OfrV Sc> t (6 io y / The University of British Columbia Vancouver, Canada Date Ocroge£ l| DE-6 (2/88) ABSTRACT A s u r v e y and a n a l y s i s of C a n adian s t a t u t e s and c a s e s a f f e c t i n g the management of the mentally d i s o r d e r e d demonstrates that t h i s area of law has experienced s e v e r a l p e r i o d s of reform s i n c e 1900. In the e a r l y 1900's, l e g i s l a t i o n was c h a r a c t e r i z e d by ' l i m i t e d l e g a l i s m 1 . Governments subsequently eased, removed, and then r e - i m p o s e d forms of j u d i c i a l and q u a s i - j u d i c i a 1 s u p e r v i s i o n over the a c t i v i t i e s of medical p r a c t i t i o n e r s , and the p e r i o d s of r e f o r m a r e r e f e r r e d to as ' m e d i c a l i z a t i o n ' , 'enhanced m e d i c a l i z a t i o n 1 , and the 'new l e g a l i s m ' . The law r e f o r…
has type: Thesis/Dissertation
spatial: Canada
is shown at: 10.14288/1.0098026
language: eng
degree discipline: Anthropology
provider: Vancouver : University of British Columbia Library
publisher: University of British Columbia
rights: For non-commercial purposes only, such as research, private study and education. Additional conditions apply, see Terms of Use https://open.library.ubc.ca/terms_of_use.
scholar level: Graduate
type: Text
identifier URI: http://hdl.handle.net/2429/28791