Mainstreaming Therapeutic Jurisprudence in Family Law: ‎The Israeli Child Protection Law as a Case Study ‎

Abstract

This Article considers the contribution of Therapeutic Jurisprudence (TJ) to the theoretical ‎development and practical advancement of reforms in child care law. It does so by presenting ‎three dilemmas arising from The Israeli Youth Law (Care and Supervision) – 1960 relating to its ‎substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the ‎law on litigants in order to advance rules and practices that have therapeutic effects and to ‎minimize the use of rules and practices that have anti-therapeutic ones. Following the TJ ‎methodology, we integrate psycho-social findings into the legal discussion. We also follow ‎Wexler’s metaphoric framework portraying legal rules and structures as “bottles,” practices and ‎behaviors as “wine,” and social science knowledge as “vineyards” from which TJ-oriented ‎‎“wine” can be made. We propose some therapeutic “wine,” as well as legal reform to make the ‎child protection “bottle” more “TJ-friendly” for children and families.‎

Keywords: Therapeutic Jurisprudence, Child Protection