What Can Mainstream Courts Learn from Problem-Solving Courts?

6 Pages Posted: 4 Mar 2009 Last revised: 15 Oct 2009

See all articles by Michael S. King

Michael S. King

Monash University - Faculty of Law

Date Written: February 25, 2009

Abstract

This article analyses key principles underlying problem-solving court processes in the light of therapeutic jurisprudence and suggests how mainstream courts can use them. Therapeutic jurisprudence -- the study of the effect of laws and legal processes on well-being -- has become problem-solving courts' underlying ethos. It suggests that findings from the behavioural sciences can inform the development of legal processes. Therapeutic jurisprudence principles also underlie another court innovation: Indigenous sentencing courts.

Keywords: problem-solving courts, mainstream courts, paternalism, judicial intervention, self-determination

JEL Classification: K0, K00, K19, K29, K42

Suggested Citation

King, Michael S., What Can Mainstream Courts Learn from Problem-Solving Courts? (February 25, 2009). Alternative Law Journal, Vol. 32, 2007, Monash University Faculty of Law Legal Studies Research Paper No. 2007/20, Available at SSRN: https://ssrn.com/abstract=1349412

Michael S. King (Contact Author)

Monash University - Faculty of Law ( email )

Wellington Road
Clayton, Victoria 3800
Australia

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