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In analysing the evolution of the legal powers to detain persons with psycho-social disabilities, it becomes apparent that various legal and sociological influences have had a determinate effect on the manner in which this is regulated.
精神病患者たちを引き留めるための法的力の発展における分析で、様々な法律や社会学の影響はこれが規制された方法に決定的な影響を及ぼしてきたということが明白になる。

In analysing these sources of law the concepts of medicalism, legalism and new legalism are used as descriptive devices to examine how the purpose of mental health law has changed over time.

Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally.

The concepts of medicalism, legalism and new legalism provide differing explanations.

This article examines the applicability of these concepts to the Council of Europe and, in particular, the jurisprudence of the European Court of Human Rights (ECtHR) and the UN Convention on the Rights of Persons with Disabilities (CRPD).

The seminal work on these concepts has argued that English legislation has followed the trajectory of a pendulum swing from medicalism to legalism (Jones, 1972).
In analysing these sources of law the concepts of medicalism, legalism and new legalism are used as descriptive devices to examine how the purpose of mental health law has changed over time.

It is argued here that so has the Council of Europe which, through the case law of the ECtHR, has established comprehensive protections in the mental health detention and review process.

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike.

In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism.

Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally.

In analysing the evolution of the legal powers to detain persons with psycho-social disabilities, it becomes apparent that various legal and sociological influences have had a determinate effect on the manner in which this is regulated.

The concepts of medicalism, legalism and new legalism provide differing explanations.

Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally.



The seminal work on these concepts has argued that English legislation has followed the trajectory of a pendulum swing from medicalism to legalism (Jones, 1972).

Society's understanding of the purpose of mental health law has changed significantly over time.