From Theory to Practice and Back Again in Therapeutic Jurisprudence: Now Comes the Hard Part
Monash University Law Review, Vol. 37, p. 33, 2011
11 Pages Posted: 30 Mar 2010 Last revised: 17 Dec 2011
Date Written: December 16, 2011
Abstract
This essay is the basis of a plenary address to be delivered in Melbourne, Australia at an international conference on "nonadversarial justice." In this piece, I trace how therapeutic jurisprudence (TJ) has, through a few simple conceptual frameworks, influenced the practice of many judges and lawyers. Many of their contributions have been unearthed on a "hit or miss" basis, as when they happen to be mentioned during TJ panel discussions at international conferences. But we need a more systematic way of collecting these creative contributions, and we also need to develop a new type of practical interdisciplinary scholarship to disseminate and evaluate these developments. The paper explores some methods for accomplishing this.
Keywords: Therapeutic Jurisprudence, Comprehensive Law Movement, Nonadversarial Justice
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