A TJ Approach to Mental Disability Rights Research: On Sexual Autonomy and Sexual Offending

THE METHODOLOGY AND PRACTICE OF THERAPEUTIC JURISPRUDENCE (Nigel Stobbs, Lorana Bartels & Michel Vols, eds. 2019) (Carolina Academic Press)

NYLS Legal Studies Research Paper No. 3771958

22 Pages Posted: 11 Feb 2021

See all articles by Michael L. Perlin

Michael L. Perlin

New York Law School

Heather Cucolo

New York Law School

Alison Lynch

Mental Disability Law & Policy Associates

Date Written: 2019

Abstract

We believe it is impossible to understand the development and the power of therapeutic jurisprudence (TJ) without acknowledging that its roots in mental disability law have continued to expand and flourish over the decades, and that there is no other substantive area of the law in which every aspect – substantive and procedural, civil and criminal, statutory and constitutional. domestic and international – has been weighed and evaluated using a TJ lens. In this chapter, we consider how those roots have shaped the last three decades of research and the implications of what has developed. We look carefully at two sub-sets of mental disability law developments: the law of sexual autonomy and the law of sexually violent predators.

We conclude that, while TJ has spread far and wide (substantially through David Wexler’s dual focus on the therapeutic design of the law (TDL) and the therapeutic application of the law (TAL)), it is still the area of mental disability law that is its heart and soul. We believe that all TJ practitioners ought to take seriously the scholarship that has developed in this specific area so as to shed light on TJ’s potential application to all other aspects of the law – substantive, procedural and structural.

Keywords: therapeutic jurisprudence; sexuality; sex offender law; mental disability law

Suggested Citation

Perlin, Michael L. and Cucolo, Heather and Lynch, Alison, A TJ Approach to Mental Disability Rights Research: On Sexual Autonomy and Sexual Offending (2019). THE METHODOLOGY AND PRACTICE OF THERAPEUTIC JURISPRUDENCE (Nigel Stobbs, Lorana Bartels & Michel Vols, eds. 2019) (Carolina Academic Press) , NYLS Legal Studies Research Paper No. 3771958, Available at SSRN: https://ssrn.com/abstract=3771958

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/

Heather Cucolo

New York Law School ( email )

185 West Broadway
New York, NY 10013
United States

Alison Lynch

Mental Disability Law & Policy Associates ( email )

185 West Broadway
New York, NY 10013
United States
6174176481 (Phone)

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