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New wine in new bottles: The need to sketch a therapeutic jurisprudence “code” of proposed criminal processes and practices.

Wexler, David B.
June 4, 2015

Source: (2014) Arizona Summit Law Review.7:463-479.

Therapeutic jurisprudence (“TJ”) has sought to look at the law in a richer
way by pondering the therapeutic and antitherapeutic impact of “legal landscapes”
(legal rules and legal procedures) and of the “practices and techniques”
(legal roles) of actors such as lawyers, judges, and other professionals operating
in a legal context. To date, the professional “practices and techniques” dimension
has been prominent in the literature, largely because such TJ principlesbasically,
judging with an ethic of care and with insights gleaned from psychology,
criminology, and social work-find easy application in the increasingly
prevalent “problem-solving” (or “solution-focused”) courts, such as drug treatment
courts and mental health courts.(excerpt)


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