Editorial: Current Issues in Therapeutic Jurisprudence

Abstract

<p><em><span style="font-family: Times New Roman;">On behalf of the guest editors of this special issue, leading scholars and practitioners in the therapeutic jurisprudence (‘TJ’) field in Australia, Europe, and the US, we congratulate QUT and the authors for a valuable contribution to the increasingly influential presence of TJ on the international stage.</span></em></p><p><em><span style="font-family: Times New Roman;">TJ had its genesis in the early 1990s as a new interdisciplinary approach to mental health law in the US, but has expanded remarkably in scope, reach and influence since then. TJ sees law as a social force which inevitably gives rise to unintended consequences, which may be either beneficial or harmful (what we have come to identify as therapeutic or anti-therapeutic consequences). These consequences flow from the operation of substantive rules, legal procedures, or from the behaviour of legal actors (such as lawyers and judges). It is in this sense that we conceive of the role of the law as a ‘therapeutic agent’. TJ researchers and practitioners typically make use of social science methods and data to study the extent to which a legal rule or practice affects the psychological well-being of the people it affects, and then explore ways in which anti-therapeutic consequences can be reduced, and therapeutic consequences enhanced, without breaching due process requirements. The jurisdiction with which TJ was most often associated in its earlier days tended to the that of the drug courts (in which the drug court team assists drug addicted offenders to break out of their cycle of offending by facilitating and supervising treatment programs as part of the court process itself) and the other so-called problem solving courts (more commonly referred to as ‘solution focussed courts’ in Australia).</span></em></p>

Young children's perceptions of due process in schools’ disciplinary procedures

“…Stolle et al, 2000;Wexler, 2008;Gal & Dancig-Rosenberg, 2017). The expanding paradigm of therapeutic jurisprudence explores how insights from psychiatry, psychology, criminology and social work are useful to the law and how they can simultaneously be consistent with the due process framework (Wexler, 2008). However, most schools are still trapped within a formalistic punitive approach and struggle to reconcile due process with educational considerations.…”

“…Paradoxically, criminal justice systems worldwide are constantly developing alternatives to formalistic approaches to criminal punishments (e.g. Stolle et al, 2000;Wexler, 2008;Gal & Dancig-Rosenberg, 2017). The expanding paradigm of therapeutic jurisprudence explores how insights from psychiatry, psychology, criminology and social work are useful to the law and how they can simultaneously be consistent with the due process framework (Wexler, 2008).…”

Two Roads Converge: The Interchange Between the Mental Health and Legal Discourses in Sexual Assault Trials

“…TJ scholars promote therapeutic goals as long as legal principles are not compromised. TJ recognizes the important due process safeguards and aims to explore how insights from mental health fields can be integrated into legal work without violating due process rights (Wexler, 2008).…”

Therapeutic Jurisprudence: Práticas Jurídicas a Partir Da Ética Do Cuidado

“…A Therapeutic Jurisprudence "(TJ)" compreende a lei como uma força social que gera consequências não intencionais na vida dos indivíduos, derivadas da prática de regras impositivas, procedimentos ou comportamentos de sujeitos processuais, como advogados, juízes, entre outros, as quais podem ser benéficas ou prejudiciais, identificadas como terapêuticas ou (anti) terapêuticas. É nesse sentido que o papel da lei deve ser interpretado como "agente terapêutico" (WEXLER et al, 2016).…”