Terapeutyczne działanie prawa

• Authors: Kmieciak Błażej

Title variants

EN

Therapeutic Function of Law

• Languages of publication: PL

Abstracts

EN

The main objective of the proposed consideration is to show apparent relationship that exists between a patient application of legislation and the process of his recovery. About the therapeutic action of the law in significant way, says the concept of therapeutic jurisprudence (TJ). This theory points out that legal action of the individual actors: judges, prosecutors, lawyers, etc. directly may have effect on the “Temida customer “ therapeutically or antytherapeutically. In the following text TJ concept will be applied clearly to the issueof the rights of a patient receiving the psychiatric hospital’s services. In this approach, it will be possible to analyze activities performed only by the family judges. Therefore, this approach will be supplemented by the nomoterapy conception drawing attention to specific elements that show the existing relationship between the respect for patient’s rights and the dynamics of the sick person’s return to health. This concept will be presented with examples drawn from practice of the Psychiatric Hospital Patient Ombudsman. At the end there will be shown specific therapeutic procedures that use legal norm as a tool to motivate patients to active treatment.

• Publisher: Fundacja „Utriusque Iuris” i Uniwersytet Jagielloński
• Journal: Forum Prawnicze
• Year: 2012
• Issue: 2 (10)
• Pages: 64-81

Contributors

author

Kmieciak Błażej

• Katedra Socjologii Prawa i Praw Człowieka Instytutu Socjologii KUL