What are the two broad rationales for the government's power to put people into psychiatric hospitals against their will, through civil commitment procedures?
Answer:
U.S. law has two broad rationales for involuntary hospitalization, which hinge on the government's responsibility to protect those who cannot protect themselves, as well as to protect the public at large. The concept of parens patriae ("state as parent") refers to the government's humanitarian responsibility to care for its weaker members. Under parens patriae authority, civil commitment may be justified when the mentally disturbed are either dangerous to themselves or unable to care for themselves. Police power refers to the government's responsibility to protect the public safety, health, and welfare. This concept means that civil commitment is used to confine those who present a danger to others.
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