Therapeutic Jurisprudence for the family lawyer

Guest blogger Taylor LoSchiavo, Center for Families, Children and the Courts, Student Fellow (2016-2017) writes... Any legal proceeding has the potential to be life changing; however, family law proceedings, in particular, can change the basic family structure for the parties.  One family can become two, which could then become three or more families.  This is … Continue reading Therapeutic Jurisprudence for the family lawyer

What judicial officers say about youth justice…

Interviews with Children’s Court magistrates in New South Wales, Australia, provide a rare insight into the views of those working everyday at the coal face of youth justice... The research of Kelly Richards, Lorana Bartels and Jane Bolitho suggests: magistrates were enthusiastic about the philosophy of both restorative justice and therapeutic jurisprudence measures. magistrates were … Continue reading What judicial officers say about youth justice…

Snapshot: Problem-solving courts in Maryland USA

Guest blogger Kathleen Seifert, Center for Families, Children and the Courts, Student Fellow (2016-2017): This semester, the CFCC Student Fellows learned about the importance of employing therapeutic jurisprudence[1] and preventive law[2] to maximize positive, therapeutic outcomes for people involved in various courts. Problem-solving courts “address matters that are under the court’s jurisdiction through a multidisciplinary and integrated … Continue reading Snapshot: Problem-solving courts in Maryland USA

From Therapeutic Jurisprudence to Roper: When Social Science Serves as Authority in Law

Guest blogger Andrew Siske, Center for Families, Children and the Courts, Student Fellow (2016-2017) explores the role that social science can play in the law... Therapeutic jurisprudence (TJ), which can be defined as “the study of the role of law as a therapeutic agent.”[1] TJ represents a normative understanding of law which aims to identify the beneficial and … Continue reading From Therapeutic Jurisprudence to Roper: When Social Science Serves as Authority in Law

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”