Therapeutic Jurisprudence and Legal Education in Pakistan: A Quest for Innovation in Study of Law to Mend Attitudes of Law Professionals Towards Litigants
Pakistan Law Journal, 2008
8 Pages Posted: 28 Aug 2011
Date Written: 2008
Therapeutic Jurisprudence or TJ is movement in advanced countries whereby the judges and other law professionals through their affirmative action have developed a particular behavioral approach towards litigants in the courtroom which results in therapeutic impact on users of justice system. TJ is to study the healing impact of law, as also of legal process, on the litigants. It has taken various ideas and approaches that were firstly found in medical and psychological fields of study – the most important of which was to study the well-being of the user of justice system, i.e., the litigant. David B. Wexler, Professor of Law at the University of Arizona, USA, is father of TJ along with Professor Winick whose writings and studies resulted in establishing of this new field of study of law. In countries like USA, Canada and Australia, TJ has been adopted in number of courts and most important ones are called Drug Treatment Courts (DTCs) or Problem Solving Courts (PSCs). TJ principles are also in use in family courts and domestic violence courts in these countries. The judges who also write on TJ, among others, include California Superior Judge Peggy Hora, USA and Justice Paul Bentley of Drug Treatment Court, Toronto, Canada. In Australia, Magistrate Dr. Michael King holds Perth Drug Court and has written many articles on TJ and its application in DTCs and to the work of judges and magistrates generally.
The paper will provide food for thought to introduce TJ concepts in legal education in Pakistan and elsewhere.
Keywords: TJ, Therapeutic Jurisprudence, Legal Education, Problem Solving Courts, Drug Treatment Court, Healing Capacity of Law, DTC, Law School, ABD, HEC
JEL Classification: I20, I30, K10, K40
Suggested Citation: Suggested Citation