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
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
“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
My guest blog post examining the challenges of mainstreaming therapeutic jurisprudence in the U.S.
This Friday and Saturday, I’ll be hosting a workshop for a group of lawyers and law professors who affiliate themselves with therapeutic jurisprudence, a legal philosophy that examines the therapeutic and anti-therapeutic properties of our laws and legal systems. TJ, as we call it, implicitly embraces legal outcomes that support psychological health and well-being. We’ll be gathering at Suffolk University Law School for two great days of informal presentations and thoughtful exchanges.
Much of our discussion will be devoted to how North American TJ scholars and practitioners can mainstream a philosophical lens that, despite some genuine advances, exists somewhat on the periphery of legal thought. In fact, last month I wrote a guest post for the Therapeutic Jurisprudence in the Mainstream blog, examining some of the challenges that face TJ adherents in the U.S. as we…
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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