Instructor(s): Abraham Drassinower

Note:  This course meets the Perspective course requirement.  

The centrality of law in the structuring and regulation of relations between persons is the focus of most, if not all, legal thought and practice. Some might say that, by definition, law is nothing but an ordering of external relations. This course will seek to explore the far less familiar terrain involving the role of law in the structuring and regulation of internal relations within persons. Must law merely presuppose as given the legal personality it regulates? Is law, on the contrary, an essential participant in the formation and preservation of that personality? What is the relation between legal order and psychic order? In what ways do legal order and disorder encounter, produce and sustain psychic order and disorder? In what ways, if any at all, do the analyses of law and psyche complement and enrich each other? 

The course will explore this terrain through detailed analyses of aspects of the Ontario Mental Health Act as a point of entry into mental health law generally.  Topics to be examined may include the concept of consent under mental health law; the distinction between involuntary admission under the law of mental health and incarceration under the criminal law, treatment and punishment, hospitals and prisons; the relation between mental health law and the law of medically assisted death; the rights of persons detained under the law of mental health law and the corresponding duties of detaining authorities towards those detained under the law of mental health. In addition to the Ontario Mental Health Act and related jurisprudence and commentary, materials to be examined may include selected literary (e.g. Kafka), psychoanalytic (e.g. Freud) and/or philosophical texts (e.g. Foucault). No previous expertise required.  

Evaluation
Six comments (250-300 words each) on assigned readings (10%); a final 5,000 - 6,000 word paper (80%); class attendance and class participation (10%). Students may elect to write a SUYRP paper in the course.
Academic year
2023 - 2024

At a Glance

First Term
Credits
3
Hours
2
SUYRP
Perspective course

Enrolment

Maximum
25

23 JD
2 LLM/SJD/MSL/SJD U

Schedule

W: 4:10 - 6:00 pm