Encyclopedia of Psychology and Law

and implement the principles of TJ in courts of general

jurisdiction. An excellent example is a manual pro-

duced by Canada’s National Judicial Institute. The

manual uses TJ principles to inform judges how they

might use probation as a behavioral contract. Also, with

the implementation of insights such as relapse preven-

tion planning, scheduled periodic review hearings, and

early termination of probation after successful proba-

tionary sentences, the insights of TJ have added to the

tools of judges in Canadian criminal courtrooms. In

England, TJ principles have guided the way judges act

even when handing down a custodial sentence. There,

instead of simply sending the offender to custody with-

out an explanation of the purpose of or reason for the

custodial sentence, a community court judge completes

a “Statement of Reasons,” which explains the rationale

behind the incarceration, and sends a follow-up letter to

further explain the need for the custodial sentence. In

this case, the judicial officer takes care to condemn the

act and not the person. Such practices use the psycho-

logical principles of procedural justice to inform their

functions, and it is hoped that these practices increase

the defendant’s sense of fair treatment and potentially

facilitate future compliance with the law.

CCiivviill LLaaww

Besides its focus on criminal law, TJ continues to

grow in the area of its origin—mental health law, prin-

cipally through the work of Bruce Winick, Michael

Perlin, Kate Diesfeld, and Ian Freckelton. There have

also been important developments in family law and

child protection law. Scholars such as Daniel Shuman

and Katherine Lippel have looked at topics such as

compensation in tort law and procedural justice ele-

ments in workers’ compensation.

LLaawwyyeerriinngg

TJ influences the processes of the courtroom and

urges an expanded rehabilitative role for criminal

lawyers. TJ also influences the way lawyers undertake

their roles in their offices. The TJ perspective suggests

that lawyers work with their clients to achieve outcomes

that are good from a therapeutic standpoint as well as a

legal one. It also encourages lawyers to explain the

potential consequences of pursuing certain forms of

action. For example, when combined with preventive

law, TJ asks the lawyers not only to identify legal “soft

spots” (potential legal problem areas) but also to identify

psycholegalsoft spots—areas where legal interventions

may lead to antitherapeutic consequences regardless of

the legal outcomes. TJ suggests that lawyers should dis-

cuss these potential soft spots with the client prior to any

legal intervention to ensure that the client has a full

understanding of the potential for therapeutic harm.

LLeeggaall EEdduuccaattiioonn

TJ has now established itself in the curricula of

many law schools as well as a number of social sci-

ence courses. The concept is also gaining prominence

in clinical legal education.

International Appeal

The wide appeal of TJ has seen it spread from its birth-

place in the United States to a number of countries,

including Australia, Canada, New Zealand, England,

Pakistan, Scotland, Puerto Rico, South Africa, India,

Vanuatu, Spain, Israel, Italy, Sweden, and Argentina.

Publications now appear in English, Spanish, French,

Italian, Japanese, Swedish, Hebrew, and Urdu. Indeed,

at the Third International Conference on Therapeutic

Jurisprudence, held in Perth, Western Australia, about

nine countries were represented.

The Future of

Therapeutic Jurisprudence

The wide-ranging appeal and international growth of

TJ have seen the concept move from the theoretical to

the practical, with a growing number of justice sys-

tems around the world implementing the ideas and

principles of the concept in new and exciting ways.

The next chapter in the development of TJ will pro-

vide researchers, policymakers, and those involved in

the justice system with an excellent platform to think

about the way we see the law, legal actors, and the jus-

tice system in the future.

Glenn Took and David B. Wexler

See alsoAlternative Dispute Resolution; Civil Commitment;

Domestic Violence Courts; Drug Courts; Forcible

Medication; Mental Health Courts; Mental Health Law;

Patient’s Rights; Procedural Justice

Further Readings

International Network on Therapeutic Jurisprudence.

(2006). Welcome. Available at http://www

.therapeuticjurisprudence.org

806 ———Therapeutic Jurisprudence

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