For judges

Scroll down for a range of TJ benchbooks, articles and other resources for judges.

WHAT IS TJ?

Therapeutic Jurisprudence (TJ) is a legal philosophy or “lens” for analysing the law and legal systems and developing justice innovations.

The use of the word “therapeutic” is often misunderstood.   TJ does not seek to turn judges into therapists, for courts to require people to do therapy.

The term “therapeutic” in TJ refers more broadly to improving psychological or behavioural health and wellbeing of people impacted by the law.  At its heart of wellbeing is the concept of human dignity.

In the criminal courts, these concepts are integral to supporting people’s rehabilitation as well as a shift to a better, more fulfilling life.   These concepts are also important for the healing of victims and communities that are harmed by offending.

TJ has underpinned the development of specialist or problem solving courts such as drug courts, mental health courts and family violence courts. TJ practices have also been used in mainstream courts and tribunals in a range of jurisdictions.

TJ is not only relevant to criminal law, TJ has also driven innovation in a range of other legal areas such as mental health law, family law, child neglect cases, environmental law, neighbourhood disputes and civil law.

Taking a TJ approach we ask:  How can our laws, legal processes and/or the roles of judges be changed to increase wellbeing?

It is important to note that TJ seeks to enhance the role of judges but it does not seek to usurp important legal norms such as due process, proportionality etc.  Judges still need to apply the law and legal norms however within these constraints the judge can perform their role in a way that maximises wellbeing.    TJ founders Bruce Winick and David Wexler described this as “judging in a therapeutic key”.   This might be as simple as ensuring a brief courtroom interaction is respectful or more a complex involvement of judicially supervised engagement in support services.

TJ is a multidisciplinary approach to the law.  When taking  a TJ approach, court processes, court programs and judges can draw on the social sciences – such as criminology, psychology, social work, alcohol and drug recovery and mental health recovery.   We can draw on these disciplines to inform how we can improve our legal systems, to make legal systems more focused on the humans who are affected by them – victims, offenders, litigants and communities.

Because TJ draws on other disciplines that are constantly evolving, TJ practices are also constantly evolving.

For an overview and infographic about TJ practices in court click here.

And scroll below for a range of  more in depth TJ judging resources.

Michael S. King, Solution-Focused Judging Bench Book(2009) (Australasian Institute of Judicial Administration) A manual for Australian judges and magistrates but of use internationally.   This manual covers a range of judicial skills that can be applied in a mainstream courtroom.