Judicial conciliation in a ‘therapeutic key’ in Italy

Guest blogger Giuliana Romualdi, Lecturer in Mediation and ADR Procedures, University of Siena and PhD in civil procedural law at the University of Bologna, writes... The inefficiency of civil justice is one of the main issues of the current political and institutional debate in Italy. There are various reasons for this inefficiency: despite a high … Continue reading Judicial conciliation in a ‘therapeutic key’ in Italy

“Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability – applying a therapeutic jurisprudence lens

Guest blogger Sofia Yakren, Associate Professor of Law, CUNY School of Law writes... “Wrongful birth,” a controversial medical malpractice claim, likely has a significant anti-therapeutic impact on the individuals it is designed to compensate.   The claim is typically raised by the mother of a child born with a disability against a medical professional whose failure to provide adequate prenatal information … Continue reading “Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability – applying a therapeutic jurisprudence lens

Chief Justice: Non-adversarial approaches in criminal and civil law essential to “effective justice”

At the recent Second International Conference on Non-adversarial Justice: integrating theory and practice The Honourable Wayne Martin AC Chief Justice of Western Australia noted the limitations  of a purely adversarial system and proposed  that development and expansion of the principles of non-adversarial justice is essential if the criminal and civil legal systems are to provide effective … Continue reading Chief Justice: Non-adversarial approaches in criminal and civil law essential to “effective justice”

Improving civil litigation through therapeutic jurisprudence

Guest Blogger Hugh Koch writes that significant headway is being made in the UK and Sweden to develop concepts and practices in the application of therapeutic jurisprudence (TJ) to civil litigation... Collaboration between an experienced law academic and psychologist is producing robust models of how therapeutic jurisprudence (TJ) principles - maximising therapeutic outcomes and minimising … Continue reading Improving civil litigation through therapeutic jurisprudence

Therapeutic jurisprudence and dying

In a new article Mark Glover observes how estate planning is so much more than visiting a lawyer and executing a will...  Contemporary estate planning employs various will substitutes, such as life insurance, revocable trusts, and payable-on-death contracts, to transfer the client’s property upon death. Because estate planning, including the use of will substitutes, requires the … Continue reading Therapeutic jurisprudence and dying