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Therapeutic Jurisprudence

Encyclopedia of Criminology and Criminal Justice, New York (Springer, 2014)

University of Baltimore School of Law Legal Studies Research Paper No. 2014-13

10 Pages Posted: 29 Nov 2013 Last revised: 26 Sep 2014

Barbara A. Babb

University of Baltimore - School of Law

David B. Wexler

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

Date Written: November 1, 2013

Abstract

Therapeutic jurisprudence, developed in the late 1980s, is a field of inquiry. It is a lens through which to examine the effects of substantive laws, legal rules, Iegal procedures, and the behavior of legal actors, including judges, lawyers, court personnel, and service providers, on the psychological and emotional well·being of justice system participants, including the Iegal actors themselves. Therapeutic Jurisprudence is a perspective or framework, and its use suggests the need to conduct empirical research to determine whether outcomes resulting from the application of substantive laws, legal rules, and legal procedures and from the behavior of legal actors have therapeutic (helpful) or antitherapeutic (harmful) consequences, both intended and unintended. In addition, therapeutic jurisprudence involves a reform agenda, as it urges that findings from the behavioral and social sciences be used to transform laws, rules, procedures. and the behavior of legal actors in a manner that promotes well-being. This interdisciplinary focus enables therapeutic jurisprudence scholarship and practice to encompass a broad array of subject areas.

Keywords: justice system, laws, legal rules, legal procedures, legal actors, psychological well-being, emotional well-being, empirical research, therapeutic consequences, antitherapeutic consequences, reform agenda, social sciences, behavioral sciences

JEL Classification: K19, K39, K49, I18, I19

Suggested Citation

Babb, Barbara A. and Wexler, David B., Therapeutic Jurisprudence (November 1, 2013). Encyclopedia of Criminology and Criminal Justice, New York (Springer, 2014); University of Baltimore School of Law Legal Studies Research Paper No. 2014-13. Available at SSRN: https://ssrn.com/abstract=2360252

Barbara A. Babb (Contact Author)

University of Baltimore - School of Law ( email )

1420 N. Charles Street
Baltimore, MD 21218
United States
410-837-5661 (Phone)
410-837-5737 (Fax)

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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