The evolution of commitment law in the nineteenth century - A reinterpretation

Abstract

The generally accepted interpretation of the evolution of commitment law in the nineteenth century is challenged by means of an historical investigation of the law's development in a single state-Pennsylvania. Rather than an abrupt switch from relaxed commitment procedures to a system of stringent safeguards, which most historical accounts of the period describe, examination reveals that Pennsylvania law underwent a slow accretion of procedural protections, with the essential discretionary role of families, friends, and physicians left undisturbed. The implications for current policy of this challenge to the traditional account are discussed. © 1982 Plenum Publishing Corporation.