In 1975 the Parliament of the Federal Republic of Germany (FRG) issued the report of an expert committee on the situation of psychiatry in this country (Deutscher Bundestag, 1975). This was not only the first comprehensive review in Germany on the care of the mentally ill, but was at least as remarkable as a reflection of the increasing attention of the public to this problem. Both the actual situation of the mentally ill or handicapped and the attitude of society towards them were regarded as indicators of the general developmental stage of society. Main issues were the care of those who cannot help themselves and the civil rights of those same people, who were viewed by some as being discriminated against and oppressed. Sometimes this public discussion has become somewhat exaggerated, irrational and unrealistic, mainly under the influence of the so-called antipsychiatric movement. But the reverse is true as well: the general concern about civil rights has been reflected by psychiatrically relevant court decisions of judges who surely did not act independently of public opinion – a special aspect of the fact that judges administer justice in the name of the people.

Some important aspects of this debate will be illustrated here by a few examples from legislation and jurisdiction which show some developments of the last decade. They indicate that the modern ability to treat severe mental disorders and new attitudes of the public towards the mentally ill deeply influence legislation and court decisions, and also that the latter have an important influence on almost all aspects of psychiatric practice.