JSB173 Lecture Notes - Lecture 5: Adversarial Process, Bruce Winick, Therapeutic Jurisprudence
Document Summary
Jurisprudence definition: the science or philosophy of law (merriam-webster). Therapeutic jurisprudence definition: an interdisciplinary method of legal scholarship that aims to reform the law in order to positively impact the psychological well-being of the accused person (oxford bibliographies). Therapeutic jurisprudence: a brief history and its relation to the law. The law encompasses three elements; statutes, procedures and the roles of legal actors. The law is considered to be an agent or productive social force that can have therapeutic and anti-therapeutic impacts on the offenders or accused persons. This area of the law also works alongside restorative justice, innovative justice, court transformations and dispute resolution. Key scholars of tj: philip reiff (1966, david wexler and bruce winick (1990s) Key ideas of tj: the law is a productive social force that produces effects, law is concerned with influencing human behaviour, but not constructively or effectively, the law can have anti-therapeutic impacts.
