Explaining the Policy Changes of Drug Addiction Treatment from 1998 to 2017: An Institutionalism Approach

Autor: Po-Sheng Lee, 李柏昇
Rok vydání: 2017
Druh dokumentu: 學位論文 ; thesis
Popis: 105
Throughout the history of drug treatment policy in Taiwan, there have been two competing models of how to treat drug addicts. The first one is penalized model that takes drug addicts as criminal offenders who deserve retribution while the second one is medical model that treats drug addicts as patients with chronic disease who are in need of medical treatment. The amendment of Narcotics Hazard Prevention Act (Prevention Act) in 1998, which introduced the institutionalized and coerced medical treatment, ostensibly marked the victory of medical model for the first time in 50 years; however, the Prevention Act wobbled between penalized and medical model and underwent two times of amendments since 1998. Extant studies tend to address this phenomenon with macro theoretical framework, such as neoliberal-order or penal populism, but fail to scrutinize the process of policy change. With the theoretical lens of institutionalism, this thesis would explore the dynamics underneath this policy change, and analyze three important actors in the policy regime—policy-maker, bureaucracy and the court with qualitative and quantitative methods. My main argument is as followed: policy makers transplanted medical model in order to conform to the international standard; nevertheless, medical model failed to attain legitimacy in street-level bureaucracy. And the court, who hold the power of judicial discretion, who can determine whether the defendant to receive coerced treatment or not, detached itself from the changes in the policy regime; all these factors lead to the failure of medical model. From this case study, I will rebuke the extant studies that suggest that the criminal policy in Taiwan can be depicted as neo-liberal; rather, it is more of an expedient bricolage fraught with unintended consequence than a meticulous policy design.
Databáze: Networked Digital Library of Theses & Dissertations