Can Therapeutic Jurisprudence Provide a Normative Link between Recent Trends in Criminal Law Theory and Criminal Justice Practices?

19 Pages Posted: 30 May 2014

Date Written: May 27, 2014

Abstract

This essay provides an overview of how the conception of therapeutic jurisprudence as applied to criminal justice provides the normative link between emerging, more contextualised theories of criminal law, and new practices and techniques at play in the criminal justice system. Because therapeutic jurisprudence seeks to engender a more holistic, community-based response to offending behaviour, it has the potential to facilitate the practical manifestation of the contextualised approach in criminal law theory, the purpose of both being to narrow the divide between the offender and his social and moral context.

Keywords: therapeutic jurisprudence, criminal law theory

Suggested Citation

Kennefick, Louise K. M., Can Therapeutic Jurisprudence Provide a Normative Link between Recent Trends in Criminal Law Theory and Criminal Justice Practices? (May 27, 2014). Available at SSRN: https://ssrn.com/abstract=2442213 or http://dx.doi.org/10.2139/ssrn.2442213

Louise K. M. Kennefick (Contact Author)

The University of Glasgow ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

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