Through the Clinical Lens: A Pragmatic Look at Infusing Therapeutic Jurisprudence into Clinical Pedagogy
Evelyn Haydee Cruz
Arizona State University (ASU) - Sandra Day O'Connor College of Law
Thomas Jefferson Law Review, Vol. 30, p. 463, 2008
In recent years, several clinicians have written about infusing Therapeutic Jurisprudence into their courses. Therapeutic Jurisprudence is the use of behavioral sciences to study the emotional effects of the law on legal participants and the development of approaches to minimize the negative effects of the law on the individuals. This article reflects on why the time is ripe to cross-pollinate and points to some clinical practices that could benefit from a pedagogical development that incorporates Therapeutic Jurisprudence.
This article describes the development of client-centered interviewing and the use of narrative in clinical education to illustrate three points. First, use of these tools demonstrates that clinical theory welcomes and develops by embracing ideas from other disciplines. Second, in discussing the evolution of clinical theory, similarities to Therapeutic Jurisprudence concepts become apparent to Therapeutic Jurisprudence scholars. Third, Therapeutic Jurisprudence has been the subtext and not the primary force behind experimental theories. Hence, the therapeutic benefits of client-centered representation and narrative were generally unaddressed until the turn of the century when clinicians grew more comfortable with reconnecting empathy and holistic representation to practical legal training. In addition, clinicians have begun to focus on the importance of the attorney's psychological well being in the client-attorney relationship, creating yet another opportunity for collaboration between Therapeutic Jurisprudence and clinical education.
Number of Pages in PDF File: 24
Keywords: legal education, clinical education, Therapeutic JurisprudenceAccepted Paper Series
Date posted: June 24, 2009
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