Synergizing therapeutic jurisprudence and positive criminology

Gal, Tali; Wexler, David

doi:10.4324/9781315796536-6

Cited by 14 publications

(13 citation statements)

References 1 publication

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“…Indeed, as Winick and Wexler identify, "other values such as justice and due process can be fully respected" within its application (Wexler & Winick, 1996). Whilst it holds a modified law reform agenda and is committed to promoting the therapeutic legal reform of systems, such reform must sit within the practical limits of due process and justice, and it consequently draws attention to the subtler consequences of legal processes (Perlin, 2013;Wexler & Winick, 1996;Gal & Wexler, 2015). The use of TJ does not also mean that norms will not at times clash.…”

Section: "The Adoption Of a Therapuetic Jurisprudencementioning

confidence: 99%

Applying Refugee Family Reunion Law Therapeutically

Ferris¹,

Marson²,

Kawałek³

2019

BLR

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This paper aims to highlight some of the key issues surrounding the development and application of immigration law as it applies in the United Kingdom (UK) to refugees attempting to be reunited with their families living abroad. The right for refugees to be reunited with their families is enshrined in international law, but this is frequently frustrated by the legal and administrative systems used in the UK. Using content analysis and doctrinal analysis techniques, the paper provides an examination of how a philosophy which considers the emotional effects of the law, therapeutic jurisprudence, could be used not only to inform interpretation of current domestic laws, but also influence the drafting of future legislation. This is an aspect of current refugee law in the United Kingdom which has yet to be examined. It provides, we argue, a humanitarian direction to statutory interpretation which may provide tangible benefits to current and proposed legal systems.

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Section: "The Adoption Of a Therapuetic Jurisprudencementioning

confidence: 99%

Applying Refugee Family Reunion Law Therapeutically

Ferris¹,

Marson²,

Kawałek³

2019

BLR

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“…While all courts do not operate as re-entry courts, therapeutic jurisprudence (TJ) provides a therapeutic lens in which to examine the legal system and their laws (Gal and Wexler, 2015). TJ tends to put the needs of the client at the center with the aim of achieving some form of rehabilitation, reintegration, reparation or indeed restoration.…”

Section: Legalmentioning

confidence: 99%

Strength based approaches and protective factors from a criminological perspective

Kewley

2017

Aggression and Violent Behavior

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“…66 Some practices that have been developed and researched within the PC literature can be implemented in legal encounters in child protection processes, for example, the motivational interview approach, which has been applied to daily interactions between prisoners and prison guards. Similar to TJ, PC encourages the study of practices that empower individuals to focus on their strengths rather than their pathologies and emphasizes the importance of family and community ties.…”

Section: Players' Roles: Cpsw Practicesmentioning

confidence: 99%

“…Unlike TJ, PC focuses on practices that occur within criminological or mental health encounters, such as counseling sessions and rehabilitation programs for prisoners, and not on legal encounters. 66 Some practices that have been developed and researched within the PC literature can be implemented in legal encounters in child protection processes, for example, the motivational interview approach, which has been applied to daily interactions between prisoners and prison guards. 67 One helpful example of a treatment method used with offenders is the "good life model" (GLM).…”

Section: Players' Roles: Cpsw Practicesmentioning

confidence: 99%

Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

Gal¹,

Schilli-Jerichower²

2017

Family Court Review

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This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families.

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Synergizing therapeutic jurisprudence and positive criminology

Cited by 14 publications

References 1 publication

Applying Refugee Family Reunion Law Therapeutically

Applying Refugee Family Reunion Law Therapeutically

Strength based approaches and protective factors from a criminological perspective

Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

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