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

See all articles by Tali Gal

Tali Gal

University of Haifa

Dahlia Schilli-Jerichower

Hebrew University of Jerusalem

Date Written: October 3, 2016

Abstract

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

Suggested Citation

Gal, Tali and Schilli-Jerichower, Dahlia, Mainstreaming Therapeutic Jurisprudence in Family Law: ‎The Israeli Child Protection Law as a Case Study ‎ (October 3, 2016). 55 Family Court Review 177-194‎ (2017), Available at SSRN: https://ssrn.com/abstract=2847239

Tali Gal (Contact Author)

University of Haifa ( email )

199 Abba Khoushy Ave.
Mount Carmel
Haifa, 3498838
Israel
972-4-8280743 (Phone)

Dahlia Schilli-Jerichower

Hebrew University of Jerusalem ( email )

Mount Scopus
Jerusalem, Jerusalem 91905
Israel

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