Therapeutic jurisprudence
Encyclopedia
Therapeutic jurisprudence (TJ) is a term first used by Professor David Wexler
, University of Arizona Rogers College of Law and University of Puerto Rico
School of Law, in a paper delivered to the National Institute of Mental Health
in 1987. Along with Professor Bruce Winick
, University of Miami School of Law
, who originated the concept with Wexler, the professors suggested the need for a new perspective, TJ, to study the extent to which substantive rules, legal procedures, and the role of legal actors (lawyers and judge
s primarily) produce therapeutic or antitherapeutic consequences for individuals involved in the legal process.
Black's Law Dictionary
, 9th edition, 2009, defines 'therapeutic jurisprudence' as: "The study of the effects of law and the legal system on the behavior, emotions, and mental health of people: esp, a multidisciplinary examination of how law and mental health interact. This discipline originated in the late 1980s as an academic approach to mental health law."
, family and juvenile law, health law, tort law, contracts and commercial law, trusts and estates law, disability law, constitutional law, evidence law, and legal profession. In short, TJ became a mental health approach to law generally, and these advances were documented in Wexler and Winick's 1996 book, Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence. See David B. Wexler, The Development of Therapeutic Jurisprudence: From Theory to Practice, 68 Revista Juridica Universidad de Puerto Rico 691-705(1999).
The approach was soon applied to the way various legal actors--judge
s, lawyers, police officers, and expert witnesses--play their roles, suggesting ways of doing so that would diminish unintended antitherapeutic consequences and increase the psychological well-being of those who come into contact with these legal figures. In 1999 in a Notre Dame Law Review article (Hora, Schma and Rosenthal, “Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System’s Response to Drug Abuse and Crime in America,” 74 NDLR 439 (1999),) TJ was applied to drug treatment courts (DTC) drug court
for the first time and the authors asserted that DTCs were TJ in action and that TJ provided the jurisprudential underpinnings of DTCs. TJ has emerged as the theoretical foundation for the increasing number of "problem-solving courts" that have transformed the role of the judiciary. These include, in addition to DTCs, domestic violence courts, mental health courts
, re-entry courts, teen courts, and community courts. Winick and Wexler described this new judicial model and demonstrated how principles of TJ can be used by the judges in these new courts in their 2003 book, Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts.
. It envisions lawyers practicing with an ethic of care and heightened interpersonal skills, who value the psychological well being of their clients as well as their legal rights and interests, and to actively seek to prevent legal problems through creative drafting and problem-solving approaches. The impact of TJ on lawyering was documented in Stolle, Wexler, and Winick's 2000 book, Practicing Therapeutic Jurisprudence: Law as a Helping Profession. TJ also has begun to transform legal education, in particular clinical legal education. These developments were documented in a 2005 symposium issue of the St. Thomas University Law Review, "Therapeutic Jurisprudence and Clinical Legal Education and Skills Training." In 2008, Wexler published an edited volume dedicated to therapeutic jurisprudence and the criminal defense attorney. The book is entitled Rehabilitating Lawyers:Principles of Therapeutic Jurisprudence for Criminal Law Practice(Carolina Academic Press 2008).
David Wexler
David B. Wexler is a Professor of Law at the University of Puerto Rico in San Juan, Puerto Rico, a Distinguished Research Professor of Law at the James E. Rogers College of Law, Tucson, Arizona, and the Director of the International Network on Therapeutic Jurisprudence.Wexler is credited with first...
, University of Arizona Rogers College of Law and University of Puerto Rico
University of Puerto Rico
The University of Puerto Rico is the state university system of Puerto Rico. The system consists of 11 campuses and has approximately 64,511 students and 5,300 faculty members...
School of Law, in a paper delivered to the National Institute of Mental Health
National Institute of Mental Health
The National Institute of Mental Health is one of 27 institutes and centers that make up the National Institutes of Health...
in 1987. Along with Professor Bruce Winick
Bruce Winick
Bruce J. Winick was the Silvers-Rubenstein Distinguished Professor of Law and Professor of Psychiatry and Behavioral Sciences at the University of Miami in Coral Gables, Florida, where he had taught since 1974. He was an internationally known scholar and lecturer in mental health law and in law and...
, University of Miami School of Law
University of Miami School of Law
The University of Miami School of Law, founded in 1926, is the law school of the University of Miami, located in Coral Gables, Florida, in the United States. The school graduated its first class of 13 students in 1929.- Academics :...
, who originated the concept with Wexler, the professors suggested the need for a new perspective, TJ, to study the extent to which substantive rules, legal procedures, and the role of legal actors (lawyers and judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s primarily) produce therapeutic or antitherapeutic consequences for individuals involved in the legal process.
Black's Law Dictionary
Black's Law Dictionary
Black's Law Dictionary is the most widely used law dictionary in the United States. It was founded by Henry Campbell Black. It is the reference of choice for definitions in legal briefs and court opinions and has been cited as a secondary legal authority in many U.S...
, 9th edition, 2009, defines 'therapeutic jurisprudence' as: "The study of the effects of law and the legal system on the behavior, emotions, and mental health of people: esp, a multidisciplinary examination of how law and mental health interact. This discipline originated in the late 1980s as an academic approach to mental health law."
History
In the early 90’s, legal scholars began to use it when discussing mental health law, including Wexler and Winick's 1991 book, Essays in Therapeutic Jurisprudence. The TJ Approach soon spread beyond mental health law to include TJ work in criminal lawCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
, family and juvenile law, health law, tort law, contracts and commercial law, trusts and estates law, disability law, constitutional law, evidence law, and legal profession. In short, TJ became a mental health approach to law generally, and these advances were documented in Wexler and Winick's 1996 book, Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence. See David B. Wexler, The Development of Therapeutic Jurisprudence: From Theory to Practice, 68 Revista Juridica Universidad de Puerto Rico 691-705(1999).
The approach was soon applied to the way various legal actors--judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s, lawyers, police officers, and expert witnesses--play their roles, suggesting ways of doing so that would diminish unintended antitherapeutic consequences and increase the psychological well-being of those who come into contact with these legal figures. In 1999 in a Notre Dame Law Review article (Hora, Schma and Rosenthal, “Therapeutic Jurisprudence and the Drug Treatment Court Movement: Revolutionizing the Criminal Justice System’s Response to Drug Abuse and Crime in America,” 74 NDLR 439 (1999),) TJ was applied to drug treatment courts (DTC) drug court
Drug court
Drug Courts are judicially supervised court dockets that handle the cases of nonviolent substance abusing offenders under the adult, juvenile, family and tribal justice systems...
for the first time and the authors asserted that DTCs were TJ in action and that TJ provided the jurisprudential underpinnings of DTCs. TJ has emerged as the theoretical foundation for the increasing number of "problem-solving courts" that have transformed the role of the judiciary. These include, in addition to DTCs, domestic violence courts, mental health courts
Mental health courts
Mental health courts link offenders who would ordinarily be prison-bound to long-term community-based treatment. They rely on mental health assessments, individualized treatment plans, and ongoing judicial monitoring to address both the mental health needs of offenders and public safety concerns of...
, re-entry courts, teen courts, and community courts. Winick and Wexler described this new judicial model and demonstrated how principles of TJ can be used by the judges in these new courts in their 2003 book, Judging in a Therapeutic Key: Therapeutic Jurisprudence and the Courts.
Reframing roles
Therapeutic Jurisprudence also has been applied in an effort to reframe the role of the lawyerLawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
. It envisions lawyers practicing with an ethic of care and heightened interpersonal skills, who value the psychological well being of their clients as well as their legal rights and interests, and to actively seek to prevent legal problems through creative drafting and problem-solving approaches. The impact of TJ on lawyering was documented in Stolle, Wexler, and Winick's 2000 book, Practicing Therapeutic Jurisprudence: Law as a Helping Profession. TJ also has begun to transform legal education, in particular clinical legal education. These developments were documented in a 2005 symposium issue of the St. Thomas University Law Review, "Therapeutic Jurisprudence and Clinical Legal Education and Skills Training." In 2008, Wexler published an edited volume dedicated to therapeutic jurisprudence and the criminal defense attorney. The book is entitled Rehabilitating Lawyers:Principles of Therapeutic Jurisprudence for Criminal Law Practice(Carolina Academic Press 2008).
External links
- Professor David Wexler's faculty profile
- therapeuticjurisprudence.org
- Professor Bruce J. Wincik's webpage
- Australasian Therapeutic Jurisprudence Clearinghouse
- University of Miami Therapeutic Jurisprudence Center
- WFPL News: State of Affairs on Therapeutic Jurisprudence, Thursday, April 1, 2010
- Law Therapy - An Australian perspective in law as therapy for a litigant in person who knows the ropes.