Proposing a Hearty Toast to Professor Christian Diesen: Pouring an Abundance of TJ Wine into a TJ-Friendly Swedish Bottle

Festskrift till Christian Diesen 127 (Simon Andersson & Katrin Lainpelto eds., 2014)

Arizona Legal Studies Discussion Paper No. 14-34

13 Pages Posted: 19 Dec 2014

See all articles by David B. Wexler

David B. Wexler

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

Date Written: December 18, 2014

Abstract

This essay forms a chapter in a volume honoring University of Stockholm law professor Christian Diesen on the occasion of his retirement from full-time law teaching. Diesen is a leading voice in therapeutic jurisprudence (TJ), teaches a TJ course at the university, and published a full-length TJ treatise in Swedish.

The present essay looks at the mechanism in Sweden for conditionally releasing mentally ill criminal offenders. Following a metaphor and methodology of "wine" and "bottles", where the "bottles" are the applicable provisions of local law and where the "wine" is the judicial behavior likely to promote patient compliance with the imposed requirements of conditional release, the essay suggests several steps that can be taken by Swedish administrative judges to improve the administration of the law. This effort is part of an international and interdisciplinary project to "mainstream" therapeutic jurisprudence, especially in the area of criminal law and procedure.

Keywords: therapeutic jurisprudence, TJ, mental health law, mentally ill offenders, conditional release, mainstreaming therapeutic jurisprudence, Christian Diesen, festschrift

Suggested Citation

Wexler, David B., Proposing a Hearty Toast to Professor Christian Diesen: Pouring an Abundance of TJ Wine into a TJ-Friendly Swedish Bottle (December 18, 2014). Festskrift till Christian Diesen 127 (Simon Andersson & Katrin Lainpelto eds., 2014); Arizona Legal Studies Discussion Paper No. 14-34. Available at SSRN: https://ssrn.com/abstract=2540117

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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