Therapeutic Jurisprudence

Objectives

On successful completion of this module, you should be able to demonstrate –

LO1: Knowledge of (b) broader contexts within which legal issues arise, namely social contexts in which legal issues arise; (c) the principles and values of justice; and (d) critical theories of law

LO2: Ethics and professional responsibility

1. An ability to recognise and reflect upon the professional responsibilities of lawyers in promoting justice and in service to the community
2. Awareness of the social and economic consequences of law and lawyers’ work, together with the attendant professional obligation to practise in ways which are respectful to the interests of clients, communities and economies  

LO3: Thinking skills

1. Apply therapeutic reasoning and research to generate appropriate responses to legal issues
2. Engage in therapeutic analysis
3. Think creatively in approaching legal issues and generating appropriate responses, including the ability to explore therapeutic ways to address contemporary social problems

Learning resources

Selected Reading 9.1: David Wexler, ‘Therapeutic Jurisprudence: An Overview’ (2000) 17 Thomas M Cooley Law Review 125

Selected Reading 9.2: Michael King, Non-Adversarial Justice (Federation Press, 2009) 22-38

Selected Reading 9.3: Susan Daicoff, ‘The Future of the Legal Profession’ (2011) 37(1) Monash Law Review 9

Selected Reading 9.4: David Wexler, ‘From Theory to Practice and Back Again in Therapeutic Jurisprudence: Now Comes the Hard Part’ (2011) 37(1) Monash Law Review 33

Selected Reading 9.5: Michael King, ‘What Can Mainstream Courts Learn From Problem Solving Courts? (2007) 32(2) Alternative Law Journal 91

Selected Reading 9.6: Michael King, Solution-Focused Judging Bench Book (Australian Institute of Judicial Administration, Melbourne, 2009) 13-45.

Other resources

David Wexler (ed), Rehabilitating Lawyers: Principles of Therapeutic Jurisprudence for Criminal Law Practice (Carolina Academic Press, 2008)

Question

• How would an understanding of therapeutic jurisprudence affect your role as a lawyer?
• What are the implications of therapeutic jurisprudence for courts and judging?
• What areas of legal practice might be improved (and for whom) with an understanding of therapeutic jurisprudence?