Wednesday, December 15, 2010
David B. Wexler (pictured) and Michael S. King (University of Puerto Rico - School of Law and Monash University - Faculty of Law) have posted Promoting Societal and Juridical Receptivity to Rehabilitation: The Role of Therapeutic Jurisprudence on SSRN. Here is the abstract:
This paper is a chapter in a forthcoming book to be published by the Organization of American States (OAS). As part of its drug "demand reduction" effort, the OAS is interested in Drug Treatment Courts in particular, and in therapeutic jurisprudence more generally. Our chapter looks to how jurisdictions may use the therapeutic jurisprudence (TJ) approach to create a societal and juridical atmosphere more conducive to the establishment of Drug Treatment Courts. The chapter notes, however, that under a "problem solving" philosophy, many drug courts have become somewhat coercive and paternalistic, departing from the principles of therapeutic jurisprudence. We discuss the TJ principles and urge a "solution-focused" approach to judging, more in line with TJ notions, and based on procedural fairness, active client involvement and participation, close attention to client strengths, and other concepts that place the client at center stage of the therapeutic effort.