Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study
55 Family Court Review 177-194 (2017)
39 Pages Posted: 6 Oct 2016 Last revised: 1 Aug 2017
Date Written: October 3, 2016
This Article considers the contribution of Therapeutic Jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) – 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have anti-therapeutic ones. Following the TJ methodology, we integrate psycho-social findings into the legal discussion. We also follow Wexler’s metaphoric framework portraying legal rules and structures as “bottles,” practices and behaviors as “wine,” and social science knowledge as “vineyards” from which TJ-oriented “wine” can be made. We propose some therapeutic “wine,” as well as legal reform to make the child protection “bottle” more “TJ-friendly” for children and families.
Keywords: Therapeutic Jurisprudence, Child Protection
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