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Le droit et les institutions de l’insanité d’esprit en France sous l’Ancien Régime
Christine Peny Ewha Institute for Biomedical Law & Ethics 2008 BIOMEDICAL LAW & ETHICS Vol.2 No.2
During the last two centuries of the Ancien Regime, medicine and the monarchistic state progressively increased their hold over the law and institutions dedicated to insane people. Whereas at the beginning of the XVII^(th) century, families and charity institutions were still the main supports of mad people, on the eve of Revolution, most mentally sick persons were locked up and taken care of on "public powers" initiative. Allied to the "medical power", the absolute monarchy developed a kind of social assistance specifically intended for insane people, while their legal status tended to be standardized. The principles and practices established by the "Esquirol law" of June 30th 1838 already existed at the end of the Ancien Regime.
Le droit et les institutions de l'insanite´ d'esprit en France sous I'Ancien Re´gime
Christine Peny EWHA INSTITUTE FOR BIOMEDICAL LAW & ETHICS 2008 BIOMEDICAL LAW & ETHICS Vol.2 No.2
Duhng the last two centuries of the Ancien Regime, rnedicine and the monarchistic state progressively increased their hold over the law and institutions dedicated to insane people. Whereas at the beginning of the XVII^(th) century, families and charity institutions were still the main supports of mad people, on the eve of Revolution, most mentally sick persons were locked up and taken care of on "public powers" initiative. Allied to the "medical power", the absolute monarchy developed a kind of social assistance specifically intended for insane people, while their legal status tended to be standardized. The principles and practices established by the "Esquirol law" of June 30th 1838 already existed at the end of the Ancien Regime.
PENY, Christine EWHA INSTITUTE FOR BIOMEDICAL LAW & ETHICS 2009 BIOMEDICAL LAW & ETHICS Vol.3 No.1
Adopted on June 27th 1990, the "loi Evin" replaced the famous "loi Esquirol" of 1838, the old text which ruled the French legislation concerning mental illness. The law carried unanimously in 1990 was supposed to "revolutionize" French psychiatric legislation. In fact, it did not so and confirmed many principles going back to 1838. But on one point the text introduced a real and interesting innovation: it recognized specific rights to the persons placed in psychiatric institutions. On this point precisely, it was confirmed and completed by an other text, a law of March 4th 2002. Nevertheless, not all the rights established by theses two acts seem very realistic and it is sometimes difficult to make them respected, especially in the absence of an enforcement by the courts of judicial order.