Law and Incapacitation

Compulsory Health Treatment (TSO) for mental illness constitutes the primary form of “coercive care” in Italy, as recently reaffirmed by the Constitutional Court (judgment no. 22/2022). Drawing on the work of the Observatory on TSOs in the City of Turin, this study analyzes over 1,000 case files relating to TSO procedures carried out between 2017 and 2023, including validation orders issued by both the mayor and the guardianship judge. In addition, semi-structured interviews were conducted with healthcare professionals and local police officers involved in the procedures. The findings reveal a high degree of standardization within the administrative-judicial process which, despite being formally grounded in robust legal safeguards, operates in practice as a form of routinized justice characterized by medical dominance over other institutional actors. The analysis further suggests that the TSO is increasingly embedded in a paradigm marked by a renewed emphasis on practices of social control and can be interpreted as a dispositif of incapacitation.

Authors

Institutions

Publication Details

Journal
SOCIOLOGIA DEL DIRITTO
Published
2026-02-02
DOI
https://doi.org/10.54103/1972-5760/30766
Primary Topic
Healthcare Decision-Making and Restraints
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Law and Incapacitation

Michele Miravalle, Carolina Di Luciano
SOCIOLOGIA DEL DIRITTO
Healthcare Decision-Making and Restraints
article

Law and Incapacitation

Michele Miravalle, Carolina Di Luciano
article en

Abstract

Compulsory Health Treatment (TSO) for mental illness constitutes the primary form of “coercive care” in Italy, as recently reaffirmed by the Constitutional Court (judgment no. 22/2022). Drawing on the work of the Observatory on TSOs in the City of Turin, this study analyzes over 1,000 case files relating to TSO procedures carried out between 2017 and 2023, including validation orders issued by both the mayor and the guardianship judge. In addition, semi-structured interviews were conducted with healthcare professionals and local police officers involved in the procedures. The findings reveal a high degree of standardization within the administrative-judicial process which, despite being formally grounded in robust legal safeguards, operates in practice as a form of routinized justice characterized by medical dominance over other institutional actors. The analysis further suggests that the TSO is increasingly embedded in a paradigm marked by a renewed emphasis on practices of social control and can be interpreted as a dispositif of incapacitation.

SOCIOLOGIA DEL DIRITTO
University of Turin (IT)
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Healthcare Decision-Making and Restraints
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.