Department of Justice, Law and Society
School of Public Affairs
The American University
Fall 1998
73.200.01 - DEPRIVATION OF LIBERTY
Wednesdays, 2:10pm to 4:50pm
Ward 2
Faculty: Dr. Jeffrey A. Schaler
jschale@american.edu
http://www.schaler.net
Office: Dept. of Justice, Law, and Society, Nebraska
Hall, 2nd floor
Telephone: (301) 585-5664 in Silver Spring, Md.
Office hours: (by appointment)
Course Description
"They say that freedom is a constant struggle,"
sang the Mississippi "freedom fighters" during the
Civil Rights movement in the 1960s. Today, there are
less visible struggles for freedom, yet they are no
less constant. One concerns the right to be left
alone--the liberty of individual autonomy against the
restraint of governmental authority. Is it
constitutional for government to protect citizens from
themselves and deprive them of liberty in the process?
Freedom of and from religion were dear to Thomas
Jefferson and James Madison. The First Amendment was
written to separate church and state and serves to
protect against those who would deprive us of liberty
in the name of religion. According to some
influential writers over the past thirty-five years,
psychiatry now replaces religion and is used by
government to justify paternalism, i.e. deprive
citizens of liberty. For example, behaviors formerly
considered "good" and "bad" are now labeled as medical
"signs" of "mental health" and "mental illness."
Psychiatrists are empowered by the state to "restore"
liberty and autonomy in those persons considered
"mentally ill"--even if those labeled "sick" don't want
to be "cured." Thus do what have what has come to be
termed "the therapeutic state" (Szasz). To what
extent (if at all) has institutional psychiatry, i.e.
psychiatry sanctioned by the state, replaced the
religious tyranny Jefferson and Madison worked so hard
to protect us against?
The war on people called the "war on drugs" is
another example of government authority used to
deprive citizens of the liberty to own, distribute and
consume mind-altering drugs. Most citizens support
the "war on drugs." Yet, if the Constitution
guarantees our right to life, liberty and property,
doesn't it also guaran-tee our right to self-
destruction and death? How might governmental
authority evolve to ultimately deprive citizens of
individualism and liberty in those situations? Might
such policies ultimately lead to a totalitarian
society? When, if ever, is such deprivation of
liberty constitutionally justified?
In this course we examine the answers to those
and related questions. We will discuss the ways
government deprives individuals of liberty in a "free"
society by focusing on the relationship between
liberty and responsibility, psychiatry and government,
medical and occupational licensure as social control,
and most important, the origins of totalitarianism
according to F.A. Hayek's critique of socialism and
Popper's views on philosophy, government, facism and
Marxism. Lecture and discussion format.
DEPRIVATION OF LIBERTY is one of the courses in
Curricular Area 4, the Social Institutions and
Behavior, in the university's General Education
Program. This course is taken as part of a two-course
sequence. The foundation courses preceding it include
Individuals and Organizations (54.105), Psychology:
Understanding Human Behavior (57.105), and Justice in
America (73.100). DEPRIVATION OF LIBERTY explores in
more depth a topic introduced in those three
foundation courses.
Course Objectives
1. To improve the student's legal, philosphical and
policy-oriented thinking about liberty in a
constitutional democracy.
2. To evaluate the values, costs, and logic of the
ways in which classes of people (e.g., drug users and
those labeled as mentally ill) are defined as
dangerous to themselves and others and deprived of
liberty.
3. To explore the social, economic and political
origins of totalitarianism and their relationship to
authoritarian and paternalistic government policies in
the US today.
4. To understand the meaning of "the therapeutic
state" and what happens in involuntary treatment for
mental illness and drug addiction; the structure and
function of the insanity defense; and deprivations of
due process via psychiatric testimony.
5. To understand the basic principles of public
policy based in classical liberalism and collectivism.
6. To develop skill in debating controversial legal
and public policy issues.
Required Texts
Friedman, M. (1982). Capitalism and freedom.
Chicago: University of Chicago Press.
Hayek, F.A. (1994). The road to serfdom. Chicago:
The University of Chicago Press. (RTS)
Popper, K. (1971). The open society and its enemies:
Part I - The spell of Plato. Princeton, N.J.:
Princeton University Press.
Szasz, T.S. (1997) Insanity: The idea and its
consequences. Syracuse, N.Y.: Syracuse
University Press. (I)
Szasz, T.S. (1988). The theology of medicine.
Syracuse, N.Y.: Suracuse University Press.
Course Requirements and Grades
Mid-term examination 45%
Final examination 45%
Class participation 10%
Total = 100%
CLASS SCHEDULE
Date Topic Reading
September 2 Introduction to the
therapeutic state Szasz
Psychiatry as Science
Psychiatry as Social Institution
September 9 Psychiatry and the Criminal Law
Psychiatry and Constitutional Rights
Psychiatry and Public Policy
September 16 The Theology of Medicine Chapts. 1-6
September 23 The Theology of Medicine Finish
September 30 Film: "Ship of Fools"
(based on the book by Katherine A. Porter)
October 7 Mid-term examination
October 14 The Myth of Origin and Destiny Popper
October 21 Descriptive Sociology Popper
October 28 Political Programme Popper
November 4 The Background of Plato's
Attack Popper
November 11 Individualism and Collectivism
Central Planning, Planning and
Rule of Law Hayek
November 18 Why the worst get on top Hayek
November 25 No class--Thanksgiving Finish Hayek
December 2 Capitalism and Freedom Readings
assigned
December 9 Capitalism and Freedom Readings
assigned
December 16 Final examination 2:10 P.M. to 4:40 P.M.
* Clear and accurate writing will be taken into
account in assigning grades, as well as
participation in class discussions. Material
discussed in class, or in films, and not in any of the
readings, may form the basis for questions on the
examinations. One grade reduction for over
three class absences. Students are responsible
for anything covered in class during their absence.
Readings must be completed by the session to which
they are assigned. Additional readings may be
assigned during the course. Students are encouraged
to form study groups on their own. Grades: A-=90,
B+=89, B-=80, C+=79, C-=70, etc.
Academic Integrity Code
"Standards of academic conduct are set forth in the
University's Academic Integrity Code. It is ex-pected
that all examinations, tests, written papers, and
other assignments will be completed according to the
standards set forth in this code. By registering, you
have acknowledged your awareness of the Academic
Integrity Code, and you are obliged to become familiar
with your rights and responsibilities as defined by
the Code. Violations of the Academic Integrity Code
will not be treated lightly, and disciplinary action
will be taken should such violations occur. Please
see me if you have any questions about the academic
violations described in the Code in general or as they
relate to particular require-ments for this course."
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