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Synergizing Therapeutic Jurisprudence and Positive Criminology

Natti Ronel & Dana Segev (Eds.), Positive Criminology, pp. 85-97 (2015)

22 Pages Posted: 30 Jun 2013 Last revised: 26 Mar 2015

Tali Gal

Hebrew University of Jerusalem

David B. Wexler

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

Date Written: March 23, 2015

Abstract

Therapeutic jurisprudence (TJ) is an interdisciplinary approach to the law that examines the therapeutic and anti-therapeutic consequences of legal rules, procedures, and the roles of legal actors. While TJ work covers the full legal spectrum, its work in criminal law is vast, and seems highly consistent with positive criminology (PC), a new perspective encompassing diverse models and theories in criminology that identify positive factors that may help in the rehabilitation of offenders.

We provide a brief overview of TJ and examine its convergence with PC. Synergies for the future are explored, in particular the ways TJ can contribute to the development of PC and vice-versa. We demonstrate that PC may be seen as a vineyard from which TJ can borrow therapeutic techniques (“wine”) that may be used by legal actors. Concurrently, PC can learn from TJ about TJ-friendly and unfriendly legal structures, or “bottles”. Using a figurative model we show four windows of “giving” and “getting” between the two sibling approaches, based on the interconnections of the types of arguments they present (normative/descriptive) and the areas of discussion (“bottles”/“wine”). The synergistic matrix provides insights for future research that are examined as well.

Keywords: Therapeutic Jurisprudence, Positive Criminology, Criminal Law

Suggested Citation

Gal, Tali and Wexler, David B., Synergizing Therapeutic Jurisprudence and Positive Criminology (March 23, 2015). Natti Ronel & Dana Segev (Eds.), Positive Criminology, pp. 85-97 (2015). Available at SSRN: https://ssrn.com/abstract=2287424 or http://dx.doi.org/10.2139/ssrn.2287424

Tali Gal (Contact Author)

Hebrew University of Jerusalem ( email )

Mount Carmel
Haifa, 31905
Israel
972-4-8280745 (Phone)

David B. Wexler

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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