Getting and Giving: What Therapeutic Jurisprudence Can Get from and Give to Positive Criminology

6 Phoenix Law Review 907 (2013)

Arizona Legal Studies Discussion Paper No. 13-13

10 Pages Posted: 19 Feb 2013 Last revised: 19 Dec 2013

David B. Wexler

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

Date Written: December 18, 2013

Abstract

This short essay explores the potential symbiotic relationship between therapeutic jurisprudence(TJ) and the newly-conceptualized area of Positive Criminology, a natural offshoot, with some important differences, of positive psychology. Therapeutic jurisprudence concentrates on the psychological impact of 'legal landscapes' (legal rules and legal procedures) and of 'practices and techniques' (roles and behaviors of legal actors, including lawyers, judges, and others working in a legal context). Under some conceptualizations, the 'legal landscape' has been likened to 'bottles' and the 'practices and techniques' to 'liquid', and one important task of a TJ agenda is to analyze how much TJ liquid can flow into given 'bottles'.

The essay sees a near perfect fit between TJ and positive criminology: TJ can look to developments in positive criminology as an excellent 'vineyard' from which to craft and recommend new practices and techniques. And the relationship is indeed a two-way street, for TJ can offer to positive criminology an assessment of how well given (and proposed) legal structures can accommodate a robust practice of positive criminology.

Keywords: therapeutic jurisprudence, TJ, positive criminology, criminology, positive psychology, sentencing, corrections, criminal law, criminal procedure

Suggested Citation

Wexler, David B., Getting and Giving: What Therapeutic Jurisprudence Can Get from and Give to Positive Criminology (December 18, 2013). 6 Phoenix Law Review 907 (2013); Arizona Legal Studies Discussion Paper No. 13-13. Available at SSRN: https://ssrn.com/abstract=2220509 or http://dx.doi.org/10.2139/ssrn.2220509

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: https://law.arizona.edu/david-b-wexler

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: https://law.arizona.edu/david-b-wexler

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