The DNA of Therapeutic Jurisprudence
The Methodology and Practice of Therapeutic Jurisprudence (2019) Carolina Academic Press. Edited by Nigel Stobbs, Lorana Bartels, and Michel Vols.
12 Pages Posted: 18 Nov 2020
Date Written: November 14, 2020
This is the short opening chapter of the book The Methodology and Practice of Therapeutic Jurisprudence. My view is that therapeutic jurisprudence (TJ) is really itself a method-- a method of thinking--and I aim here to lay out its essential conceptual framework. I do so by giving a quick look at its birth and development, as well as the development of its vocabulary. TJ adheres to viewing the law as a potential therapeutic (or anti-therapeutic ) agent, and looks at the law as consisting of rules of law, legal procedures, and the roles of legal actors (lawyers, judges, others working within a legal framework) Over time, the rules and procedures have sometimes been referred to the " legal structure" or "bottlers", and the roles and behaviors of legal actors were sometimes referred to as the "liquid" or "wine." These terms and metaphors remain in use, but, in professional settings, TJ now often speaks of the Therapeutic Design of the Law and the Therapeutic Application of the Law. Hence, the DNA of TJ. The chapter can be used in many settings and classes to give students an overview of TJ and its method of thinking, thereby allowing them to "see" TJ issues in many settings--their general classes, legal profession classes, clinical offerings, and later in practice.
Keywords: Therapeutic jurisprudence, TJ, therapeutic design of the law, therapeutic application of the law, TDL. TAL, criminal law and procedure, legal writing, legal education
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