'Changing of the Guards': David Wexler, Therapeutic Jurisprudence, and the Transformation of Legal Scholarship

24 Pages Posted: 24 Aug 2018

Date Written: August 14, 2018

Abstract

This article – a tribute to Professor David Wexler – explores how and why the idea of therapeutic jurisprudence first came to him, traces its early development, and contextualizes it in the changes in modern mental disability law in the 1980s. It then sketches out the core principles of this school of legal thought, and considers its expansion beyond mental disability law, both substantively (as it was applied to other areas of the law, some related to mental disability law, and some totally different), procedurally (considerations of how therapeutic jurisprudence methodologies could restructure all of the legal system, including the role of courts, legislatures, administrative agencies and lawyers), and professionally (as others beyond lawyers began to embrace it). Finally, it speculates as to the future, using as its fulcrum the just-created International Society of Therapeutic Jurisprudence.

Keywords: therapeutic jurisprudence, David Wexler, mental disability law, law and psychology, dignity

Suggested Citation

Perlin, Michael L., 'Changing of the Guards': David Wexler, Therapeutic Jurisprudence, and the Transformation of Legal Scholarship (August 14, 2018). NYLS Legal Studies Research Paper No. 3231536. Available at SSRN: https://ssrn.com/abstract=3231536 or http://dx.doi.org/10.2139/ssrn.3231536

Michael L. Perlin (Contact Author)

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States
212-431-2183 (Phone)

HOME PAGE: http://https://www.nyls.edu/faculty/faculty-profiles/emeriti_faculty/

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
78
Abstract Views
494
rank
321,632
PlumX Metrics