Amateur Therapists or Amateur Justice? Why we can’t let fear of progress slow therapeutic jurisprudence reform

I cannot imagine a more dangerous branch than an unrestrained judiciary full of amateur psychiatrists poised to "do good" rather than to apply the law. - Judge Morris Hoffman Some critics of therapeutic jurisprudence argue that when judges adopt a therapeutic role they act beyond both their expertise and beyond their proper functions as judges. … Continue reading Amateur Therapists or Amateur Justice? Why we can’t let fear of progress slow therapeutic jurisprudence reform

Therapy and Justice Belong Together

Guest bloggers Arie Freiberg, Emeritus Professor of Law, Monash University and Dr Becky Batagol, Senior Lecturer in Law, Monash University, Co-Authors of Non-Adversarial Justice, explore the role of therapeutic jurisprudence in the justice system... Last week The Australian newspaper published an opinion piece in which Jennifer Oriel argued that that ‘activist judges’ are usurping the role of parliament in promoting … Continue reading Therapy and Justice Belong Together

What’s in a name?  Thinking about therapeutic jurisprudence

“Therapeutic jurisprudence” is a mouthful, yes? But let’s think about it: How much better would our laws and legal systems be if they were designed mainly to encourage psychologically healthy outcomes? If you understand the significance of this question, then you now comprehend the essence of therapeutic jurisprudence and why it’s so important.  Quote: David … Continue reading What’s in a name?  Thinking about therapeutic jurisprudence

Therapeutic Jurisprudence: New Zealand Perspectives – a new book for law reformers everywhere

David Wexler, co founder of the concept of Therapeutic Jurisprudence (TJ) introduces a seminal book edited by Warren Brookbanks, Professor of Law, The University of Auckland, New Zealand entitled Therapeutic Jurisprudence: New Zealand Perspectives. Wexler acknowledges discrepancies between the fluidity of responses necessary for administrating therapeutic justice, and the robust structures required for administering the … Continue reading Therapeutic Jurisprudence: New Zealand Perspectives – a new book for law reformers everywhere