Exploration of the Concept of Insanity and its Comparation to Capacity and Incapacity from the Perspective of Jurisprudence and Law

Document Type : Scientific Research

Authors

1 Ph.D. Student in private law, Faculty of law, Faculty of Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran.

2 Prof. of Law, Faculty of Social Sciences and Law, University of Tabriz, Tabriz, Iran

3 Assistant Prof. of Private Law, Faculty of Law, Islamic Azad University, Tabriz Branch, Tabriz, Iran

Abstract

The basis of legislation in the field of mental health and psychiatric patients is to respect the human and civil rights of patients, which requires reaching common definitions between law and psychiatry. The most important concept in this area is insanity, which is a general title in civil law, while insanity in psychiatry is equivalent to a mental disorder or illness that has a more precise definition and has types and degrees. In other words, insanity is a general expression from the legislator's point of view, which, while being general, only briefly refers to its degree, while the latest view of psychiatry has proposed a continuum approach(with degrees) to this issue. Given the lack of such a precise definition in civil law, which can cause the rights of people with psychiatric illness to be violated simply because of having the illness, this research has examined the concept of insanity in jurisprudence, law, and psychiatry and its relationship with competence, using library resources and in a descriptive-analytical manner. The present study aims to analyze the concept of insanity and competency and its application in the three fields of psychiatry, law, and jurisprudence, and has attempted to achieve a common definition. Finally, by examining the laws and research conducted, it seems that the spectrum approach that the legislator has included in the new Islamic Penal Code regarding insanity can also be considered in the civil law in order to protect the rights of psychiatric patients.

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References

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