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ML2015143 La Réforme Des Soins Psychiatriques Sans Consentement

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RÉSUMÉ Mots-clés : Soins psychiatriques, Sans consentement, Demande d’un tiers. The true legal revolution in terms of psychiatric care was the so-called Esquirol Act of 30th June 1838, which laid the groundwork for the Act on modern psychiatry. This founding legislation was in place for an exceptionally long time, since it was reformed for the first time on 27th June 1990 and more recently with the Acts of 5th July 2011 and 27th September 2013. If the fundamental achievements of the Esquirol Law remain, these reforms have significantly complicated the legal framework of the modalities, for the patients, of entering and leaving the scheme. This growing complexity is related to the goal of all of these legislative changes, which seek to ensure the preservation of public order against the dangers of some patients while protecting the individual freedoms of patients against arbitrary internment.

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Following the fire in the Mont Blanc tunnel, a new regulation was passed requiring each tunnel of a study of its specific risks and, for the transit of dangerous goods, a comparison with the risks alternative routes. In the practical implementation of these new studies, the temptation was great to multiply and more sophisticated modeling of fires, scenario analysis, the probability calculations, the criteria for making rational choices ... Group working to develop good practices, which had both an extensive field experience and scientific instruments, has gradually converged to a specific doctrine of "reasonable use" of science by their place in the traditional arguments based on simple rules, but tough. Be described by the complex trade-offs made ​​between two logics, the logic "hyperrationnelle" and the pragmatic logic, which are always more or less tension in the regulation of risk.

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