On Anger, Shock, Fear, and Trauma: Therapeutic Jurisprudence as a Response to Dignity Denials in Public Policy

International Journal of Law and Psychiatry, 2018, Forthcoming

Suffolk University Law School Research Paper No. 18-12

33 Pages Posted: 26 Jul 2018 Last revised: 31 Jul 2018

David C. Yamada

Suffolk University Law School

Date Written: July 24, 2018

Abstract

This article asserts that when policymaking processes, outcomes, and implementations stoke fear, anxiety, and trauma, they often lead to denials of human dignity. It cited as prime examples the recent actions of America’s current federal government concerning immigration and health care. As a response, I urge that therapeutic jurisprudence should inform both the processes of policymaking and the design of public policy, trained on whether human dignity, psychological health, and well-being are advanced or diminished. I also discuss three methodologies that will help to guide those who want to engage legislation in a TJ-informed manner. Although achieving this fundamental shift will not be easy, we have the raw analytical and intellectual tools to move wisely in this direction.

Keywords: Therapeutic jurisprudence, law and psychology, legislation, public policy, immigration, health care, human dignity

Suggested Citation

Yamada, David C., On Anger, Shock, Fear, and Trauma: Therapeutic Jurisprudence as a Response to Dignity Denials in Public Policy (July 24, 2018). International Journal of Law and Psychiatry, 2018, Forthcoming; Suffolk University Law School Research Paper No. 18-12. Available at SSRN: https://ssrn.com/abstract=3219373

David C. Yamada (Contact Author)

Suffolk University Law School ( email )

120 Tremont Street
Boston, MA 02108-4977
United States

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