MENTAL-HEALTH LAW - AN IDEA WHOSE TIME HAS PASSED

In this paper I argue that specific mental health law should not exist and should be replaced by modern guardianship law which is non-discri minatory and which intervenes according to need rather than diagnostic classification. Substituted consent provided by a guardian protects t he patient and the treatment provider. Custody to prevent danger to ot hers should remain with courts rather than informal proceedings where individual rights to freedom are less carefully protected. Special men tal health law stigmatises people with mental illness and degrades the ir treatment. It also diminishes the standing of the psychiatric profe ssion which advocates the continuation of such laws.