It Takes Two for TJ: Correlation between Bench and Bar Attitudes Toward Therapeutic Jurisprudence – An Israeli Perspective
16 Pages Posted: 31 Aug 2016
Date Written: April 1, 2008
This Article looks to the Israeli court system for examples of therapeutic jurisprudence (TJ) that could benefit from further knowledge of applicable TJ processes. Part One is a description of a therapeutic approach and the therapeutic behavior currently identifiable in the Israeli court system. Searching for existing therapeutic elements may help identify appropriate points at which to infuse further therapeutic jurisprudence principles. Incorporating therapeutic jurisprudence’s valuable doctrines and tools into the Israeli court system can immediately augment those elements now in use. Part Two presents findings concerning the application of therapeutic principles and the attitudes of Israeli judges and lawyers towards those principles. The research for this Article was conducted using qualitative methods including input from lawyers and judges based on open-ended questionnaires. The questionnaires enhanced the respondents’ opportunity to describe their experiences and views by using examples from some of their cases. The research also considered content analysis of three major resources: academic legal articles, interviews with judges and lawyers from the Israeli Bar magazine, and lectures given by judges and lawyers at academic or professional law conferences. While this discussion is based solely on practitioners in the Israeli court system, it contributes to the wider perspective and comparative study of therapeutic jurisprudence worldwide. Therapeutic jurisprudence and its fundamental literature are generally unknown to Israeli academics and legal practitioners. By looking for therapeutic characteristics within the current Israli system, the research began by seeking to discover whether there are judges or attorneys who unwittingly apply therapeutic processes in Israeli courts.
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