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Measuring judiciarization of people with mental illnesses
The judiciarization of the psychiatric subject is a two-sided process. It could anti-discriminate people with mental illnesses but, at the same time, it could potentially provoke pathologization of mental illnesses. Current methodologies proposed to measure this important and complicated process for...
Autores principales: | , |
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Formato: | Online Artículo Texto |
Lenguaje: | English |
Publicado: |
Springer Netherlands
2022
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Materias: | |
Acceso en línea: | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8890681/ https://www.ncbi.nlm.nih.gov/pubmed/35261481 http://dx.doi.org/10.1007/s10611-022-10020-7 |
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author | Mikhaylova, Oxana Naumova, Julia |
author_facet | Mikhaylova, Oxana Naumova, Julia |
author_sort | Mikhaylova, Oxana |
collection | PubMed |
description | The judiciarization of the psychiatric subject is a two-sided process. It could anti-discriminate people with mental illnesses but, at the same time, it could potentially provoke pathologization of mental illnesses. Current methodologies proposed to measure this important and complicated process for people with mental illnesses do not allow analysis on multiple levels (the macro, meso, and micro). In this article, to fill this gap we propose a methodological strategy that helps to investigate judiciarization of people with mental illnesses on multiple levels at once. This approach is based on critical discourse analysis of legal documents and court decisions that feature people with the poor mental health. Namely, we suggest how to measure the level or degree of judiciarization, its geographical evenness, actors in the legal process, its dimensions (the law branches of its occurrence), and linguistic content. We applied this methodology in examining 1,243 legal documents and 327,311 court decisions that were issued by agents of the Russian law system. The research findings show that judiciarization levels in Russia have been rising over the years, moving away from stigmatizing those with mental illnesses and towards anti-discrimination. Our paper could be of interest to socio-legal researchers and social policy practitioners. |
format | Online Article Text |
id | pubmed-8890681 |
institution | National Center for Biotechnology Information |
language | English |
publishDate | 2022 |
publisher | Springer Netherlands |
record_format | MEDLINE/PubMed |
spelling | pubmed-88906812022-03-04 Measuring judiciarization of people with mental illnesses Mikhaylova, Oxana Naumova, Julia Crime Law Soc Change Article The judiciarization of the psychiatric subject is a two-sided process. It could anti-discriminate people with mental illnesses but, at the same time, it could potentially provoke pathologization of mental illnesses. Current methodologies proposed to measure this important and complicated process for people with mental illnesses do not allow analysis on multiple levels (the macro, meso, and micro). In this article, to fill this gap we propose a methodological strategy that helps to investigate judiciarization of people with mental illnesses on multiple levels at once. This approach is based on critical discourse analysis of legal documents and court decisions that feature people with the poor mental health. Namely, we suggest how to measure the level or degree of judiciarization, its geographical evenness, actors in the legal process, its dimensions (the law branches of its occurrence), and linguistic content. We applied this methodology in examining 1,243 legal documents and 327,311 court decisions that were issued by agents of the Russian law system. The research findings show that judiciarization levels in Russia have been rising over the years, moving away from stigmatizing those with mental illnesses and towards anti-discrimination. Our paper could be of interest to socio-legal researchers and social policy practitioners. Springer Netherlands 2022-03-02 2022 /pmc/articles/PMC8890681/ /pubmed/35261481 http://dx.doi.org/10.1007/s10611-022-10020-7 Text en © The Author(s), under exclusive licence to Springer Nature B.V. 2022 This article is made available via the PMC Open Access Subset for unrestricted research re-use and secondary analysis in any form or by any means with acknowledgement of the original source. These permissions are granted for the duration of the World Health Organization (WHO) declaration of COVID-19 as a global pandemic. |
spellingShingle | Article Mikhaylova, Oxana Naumova, Julia Measuring judiciarization of people with mental illnesses |
title | Measuring judiciarization of people with mental illnesses |
title_full | Measuring judiciarization of people with mental illnesses |
title_fullStr | Measuring judiciarization of people with mental illnesses |
title_full_unstemmed | Measuring judiciarization of people with mental illnesses |
title_short | Measuring judiciarization of people with mental illnesses |
title_sort | measuring judiciarization of people with mental illnesses |
topic | Article |
url | https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8890681/ https://www.ncbi.nlm.nih.gov/pubmed/35261481 http://dx.doi.org/10.1007/s10611-022-10020-7 |
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