Law is considered the most important factor in an advanced civilization. Without Law, you are no more than the beast, primitive! Every community has to deal with conflict and the methods used to resolve issues is what defines you as primitive. You create a system of Law to suit yourselves and not the greater community. Your reasoning is that of a monkey, messy, imprecise and unfocused, one of brute force. You claim to be a liberal, democratic society, however you are no more than an evil authoritarian dictatorship. The presence of constructive dissenting opinions is crushed, as it could be destabilizing to the authority of the Law. Statute Law, as defined by Parliament, given royal assent, has been considered obsolete and in practice has been superseded by precedent, Judge made law. The whole legal system has collapsed and has been replaced by ad-hoc ways. This essay will focus on Mental Health Law as currently practiced in the twenty first century in Australia, as an example of the severe disarray.
The discursive style of reasoning of common law courts is messy, imprecise and unfocused. A lot of people from the slums of Australia, including myself, come into contact with the mental health system. The Mental Health Act of Victoria (1986) gives a lot of leeway for interpretation and use of precedent. I am not a harsh man; I do understand that most of society is suffering from genuine retardation and are not able to contribute to society effectively, hence the hospitals are staffed with morons. However, I will not tolerate negligent ignorance in positions of authority. It is quite acceptable to be misdiagnosed by the Crisis Assessment Team (CAT); I do understand that it is not possible to staff all the positions in society with component individuals. There just is not enough intelligent people on this planet that are able to study up to doctoral levels. I can understand this. However, to sit on a board, to take on the task of passing judgement, is a position of authority which should not be treated lightly. A board director in a private firm receives considerably high remuneration for his services, due to the complexities of the job, high stakes. A board director, in the government sector, the mental health board to be specific, is not only playing with a lot of tax payers money, there are lives at stake. Section 8, Part 1 of the Mental Health Act Victoria 1986, states that the criteria for involuntary treatment of a person is; a: the person appears to be mentally ill. The doctor may be imprecise in diagnosing a patient as mentally ill. The doctor may not be able to focus and understand the thought processes of the patient. The doctors' may be relying on messy information to diagnose the patient. In the advanced society of the future, the doctor is considered a lay person and may be excused. Diagnosing a patient with mental illness is not rocket science, however I do understand that the lay doctor is unable to conduct his measly task as a professional. It is the board directors that are liable. The ombudsman even does not have jurisdiction over mental health law. The board director is a doctor, a lay individual with primitive thought processes and is unable to discern and reason with the messy, imprecise and unfocused diagnoses and psychiatric history of the alleged patient.
The presence of dissenting opinions is considered as destabilizing to the authority of the Law and is crushed as in any authoritarian state. Section 8 of the Mental Health Act Victoria 1986, states that the criteria for involuntary treatment of a person are such that; d: the person has refused or is unable to consent to the necessary treatment for the mental illness. 'Unable to consent' brings up a little bit of confusion. One could assume that it means that a retard is not able to understand the complexities of the material involved. However, the field of psychiatry is not exactly rocket science. The field of rocket science requires lateral thinking, whereas the field of medicine only requires the ability to regurgitate. Section 53B of the Mental Health Act Victoria 1986 clearly outlines the requirement for the doctor to give the patient information about the illness, medication, alternatives and have all questions answered. When the rocket scientist requests for information regarding the diagnosed illness and treatments available from the psychiatrist, as a legal right, the great upper class aristocratic psychiatrist is belittled as he is unable to match the wit, resorting to violent methods to resolve his inferiority complex. Under Section 57 and 73 of the Mental Health Act Victoria 1986, a doctor who performs psychosurgery on any person who has not given informed consent is guilty of professional misconduct, an offense under the Mental Health Act. The whole medical team involved with my violent 'treatments' (assaults), have to be retrenched, jailed and fined severely for breaking the Law. Under Section 8 of the Mental Health Act Victoria 1986, the criteria for involuntary treatment are such that in part b; the persons' mental illness requires immediate treatment and that treatment can be obtained by the person subject to an involuntary treatment order. Let us for one moment assume that the diagnoses by the village idiot was correct. If the patient does need some treatment, what is the treatment? The highly educated village idiot regurgitates the stupid dopamine-serotonin theory made up by the great Americans. The suicidal patient, the aggressive patient, the schizophrenic patient, the hysterical patient, are all hospitalized and 'treated' with the same pills and injections. The village idiots do not consider Maselow, Freud, Jung, Adler. They consult their bible; the American Diagnostic Statistic Manual (ADSM). This handbook has been generated by the pharmaceutical manufacturers of a capitalistic economy. We are simply retard consumers of the greatest capitalist state of the world. This is why their GDP is seven times more than the rest of the G8. They have mastered the art of hustling. They are not running a health care program, they are in the business of generating profits. They do not care for their own comrades, why would they care about our 'mental patients'? The ADSM clearly outlines ways of diagnosing patients and the drugs to prescribe. There are no positive results from clinical studies available, yet our Food and Drug Administration allows for these drugs to enter our country; Trade relations are obviously important when we need to suck up to the super powers for protection. However these considerations are not in the realm of the village idiot. For the rocket scientist, the field of psychiatry is merely childs' play and does not stimulate the mind. It is extremely easy for the rocket scientist to formulate dissenting opinions which may be considered as destabilizing to the authority of the Law; He has to be crushed for the better of society.
Statute law is now obsolete and the doctrine of precedent is now widely in practice. As has been outlined above, parliament has clearly outlined, in the Mental Health Law Victoria 1986, how to deal with people who come into contact with the psychiatry services. However, once a precedent has been set in the psychiatric services, this judge made act is prescribed to the next patient. When one doctor diagnoses a person as a 'psychotic', his colleague will also diagnose the same person as a 'psychotic'. A doctor newly assigned to the person, dare not change the diagnosis for two reasons; one, the doctor is unable to think for himself and two, it is not polite to question the diagnosis of a colleague as the doctor who diagnosed and treated the patient in the first case would be guilty of professional misconduct. When the case is brought forward to the Mental Health Board, the chief of the board is also a psychiatrist and does not want to condemn his fellow colleague to the dungeons. The Mental Health Law Victoria 1986, clearly states that the patient has to be informed about the factors leading up to the diagnoses and the treatments available. However, the doctors immediately assume that the patient is not worthy of dialogue. Apparently the jargon involved is too complex for the rocket scientist. There is no advantage of judge made law. Once precedent is set by one ignorant doctor and judge, the rest of society have to suffer. Parliament and royal assent, Statute Law is the only way of developing a civilized advanced society. It is assumed that those in power in Parliament and Royalty have the best interests of society in mind and that they are capable, they have the relevant qualifications from a wide field to be able to discern the material and create a Law that will benefit society on a whole. When doctors with their minimal dogmatic qualifications are allowed to interpret the Law and set precedent, create case Law, invent a Law as they see fit, society suffers. Their ways are not that of an advanced civilization. They are not able, yet they cain. The doctrine of precedent is obscure in practice and seemingly optional in application however horrendous the judgement may be.
'Experience has shown that Law is one of the great civilizing forces in human society, and that the growth of civilization has generally been linked with the gradual development of a system of legal rules, together with machinery for their regular and effective enforcement.' It is disgusting, comparable to a heinous crime such as rape, when people in positions of authority are given the power to assault persons. When a person is drugged involuntarily, tormented and tortured, you have reduced yourselves to nothing more than a primitive people. It is embarrassing to see the way you resolve conflict. Your ability to reason has diminished. When two monkeys have conflict, muscle wins. When two thugs on the street have conflict, the bigger the muscle, the bigger the man. When an educated man resorts to violent assaults to resolve conflicts, it could be considered as messy, imprecise and unfocused! Your people are close minded bigots. You claim to have advanced ways, but you act like monkeys. An advanced people would impart knowledge upon the ignorant and be willing to listen to alternate theories, approaches that might save you from your primitive ways. The presence of dissenting opinions, however helpful and correct they are, are considered as destabilizing to the authority of the Law and are crushed as an evil authoritarian state would do. The majority of your community are total morons, retards of incomprehensible proportions. Your Universities are unable to fill their seats with students of high calibre. Your professors profess garb to the students who in turn regurgitate rubbish into their exam papers. They are unable to think for themselves and lack in problem solving skills. When confronted with a patient, they resort the ADSM, and play their part in the global drug cartels. They lay judgement upon the peasants who know no better. The Mental Health Board also chaired by a petty medical officer lays ignorant judgement upon the peasants brought forward. Your doctors are stupid, yet they have the power to make case law, judge law, set precedent as they see fit. Statute Law created by the Parliament, those that are able, given Royal Assent, the Mental Health Act is ignored and breached, gross negligible behavior by those in positions of authority. The doctrine of precedent is obscure in practice and seemingly an option in application. Not a single lawyer will take on a mental health case. The only lawyers available are the village idiots who could not get a decent job in a private firm. When the Ombudsman is approached, reviewing medical assessments is apparently too difficult for him. When the Universities are approached ......
BIBLIOGRAPHY
- Cook, C. et. al., "Laying Down the Law", LexisNexis Butterworths, 2009, Australia
- Mental Health Act Victoria 1986
