Abstract

http://ssrn.com/abstract=1722278
 
 

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Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence


David B. Wexler


University of Puerto Rico - School of Law; University of Arizona James E. Rogers College of Law

Michael S. King


Monash University - Faculty of Law

October 17, 2011

COURT-SUPERVISED TREATMENT ALTERNATIVES TO INCARCERATION FOR DRUG-DEPENDENT OFFENDERS: THE DRUG POLICY AGENDA, Caroline S. Cooper & Antonio Lomba eds., 2013 Forthcoming
Arizona Legal Studies Discussion Paper No. 10-46

Abstract:     
This paper is a chapter in a forthcoming book to be published by the Organization of American States (OAS). As part of its drug "demand reduction" effort, the OAS is interested in Drug Treatment Courts in particular, and in therapeutic jurisprudence more generally. Our chapter looks to how jurisdictions may use the therapeutic jurisprudence (TJ) approach to create a societal and juridical atmosphere more conducive to the establishment of Drug Treatment Courts. The chapter notes, however, that under a "problem solving" philosophy, many drug courts have become somewhat coercive and paternalistic, departing from the principles of therapeutic jurisprudence. We discuss the TJ principles and urge a "solution-focused" approach to judging, more in line with TJ notions, and based on procedural fairness, active client involvement and participation, close attention to client strengths, and other concepts that place the client at center stage of the therapeutic effort.

Number of Pages in PDF File: 19

Keywords: therapeutic jurisprudence, solution-focused judging, drug treatment courts, rehabilitation

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Date posted: December 10, 2010 ; Last revised: August 26, 2013

Suggested Citation

Wexler, David B. and King, Michael S., Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence (October 17, 2011). COURT-SUPERVISED TREATMENT ALTERNATIVES TO INCARCERATION FOR DRUG-DEPENDENT OFFENDERS: THE DRUG POLICY AGENDA, Caroline S. Cooper & Antonio Lomba eds., 2013 Forthcoming ; Arizona Legal Studies Discussion Paper No. 10-46. Available at SSRN: http://ssrn.com/abstract=1722278

Contact Information

David B. Wexler (Contact Author)
University of Puerto Rico - School of Law ( email )
PO Box 23349
San Juan.PR, AZ 00931
Puerto Rico
787-565-1625 (Phone)
HOME PAGE: http://www.therapeuticjurisprudence.org
University of Arizona James E. Rogers College of Law
P.O. Box 210176
Tucson, AZ 85721-0176
United States
787-565-1625 (Phone)
HOME PAGE: http://www.law.arizona.edu/faculty/facultyprofile.cfm?facultyid=91
Michael S. King
Monash University - Faculty of Law ( email )
Wellington Road
Clayton, Victoria 3800
Australia
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