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

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

The Jury finds itself ‘Not Guilty’…

Guest blogger Yael Boneh explores how Therapeutic Jurisprudence thinking can improve the experience of jurors... Therapeutic jurisprudence (TJ) proposes that the legal system, judges, court officers, and lawyers constitute social forces that can exacerbate or alleviate potential harms on those coming in contact with the legal system including jurors. Jury trials are based on democratic principles.  However, … Continue reading The Jury finds itself ‘Not Guilty’…

2017 therapeutic jurisprudence events not to miss…

Auckland, Sydney, Prague ...2017 is shaping up to be a big year for therapeutic jurisprudence thinkers and practitioners...  Auckland - AUT Law School Centre for Non- Adversarial Justice symposia 10-14 March 2017  This event will launch this new Centre and involve:  a stock-take of non-adversarial justice jurisprudence an assessment of specialist mental health courts, and a symposium … Continue reading 2017 therapeutic jurisprudence events not to miss…

News from the 3rd Iberoamerican Therapeutic Jurisprudence Congress

In June Santiago de Compostela in Spain was host to the Iberoamerican Congress of Therapeutic Jurisprudence.  Joaquin Lopez reflects on an energising two days... Although I knew of the existence of the Iberoamerican Association of Therapeutic Jurisprudence/La Asociación Iberoamericana de Justicia Terapéutica (AITJ), I attended the Congress knowing none of its 1000 members.  Over two days, I … Continue reading News from the 3rd Iberoamerican Therapeutic Jurisprudence Congress