Encyclopedia of Psychology and Law

their partners and are less likely to engage in risky

sexual behaviors, including trading sex for money.

Participants who are higher functioning and do not

require highly structured care may not benefit from

therapeutic communities. In addition, research sug-

gests that people with severe mental health disorders

may not have positive outcomes in therapeutic com-

munities. Participants with greater psychological dis-

tress and more mental health symptoms when they

enter the therapeutic communities seem to be more

likely to drop out. Participants in need of limited social

and environmental stimulation may find it difficult to

tolerate the intense social interactions encouraged in

this treatment model. Tailoring treatment to the needs

of individuals with greater mental health symptoms

would likely increase the chance of a successful out-

come. One of the criticisms of the therapeutic commu-

nity model in general has been that it does not account

for individual differences or needs in treatment.

However, the therapeutic community model meets the

needs of inmates with severe substance use disorders

in correctional settings such as jails, prisons, and half-

way houses by providing a highly structured and safe

community dedicated to staying substance free.

Arthur W. Blume

and Michelle R. Resor

See alsoSubstance Abuse Treatment; Substance Use

Disorders

Further Readings

Broekaert, E. (2001). Therapeutic communities for drug users:

Description and overview. In B. Rawlings &

R. Yates (Eds.),Therapeutic communities for the treatment

of drug users (pp. 29–42). London: Jessica Kingsley.

De Leon, G. (1999). The therapeutic community treatment

model. In B. S. McCrady & E. E. Epstein (Eds.),

Addictions: A comprehensive guidebook(pp. 306–327).

New York: Oxford University Press.

THERAPEUTICJURISPRUDENCE

Therapeutic jurisprudence (TJ) is an interdisciplinary

approach to the study and practice of law and the role

of legal actors. It aims to focus on the often underappre-

ciated aspect of the law and legal actors’ role in produc-

ing therapeutic or antitherapeutic consequences. It is a

normative framework that advocates the use of the

social sciences to inform the processes and outcomes of

legal interactions and procedures. It does not suggest

that therapeutic concerns should override other impor-

tant elements of the legal system (such as due process

or justice concerns), but it does suggest that the thera-

peutic consequences of the law and legal actors be con-

sidered and systematically studied. TJ has become a

highly influential framework for thinking about the law

and the way legal actors interact with their clients.

The influence of TJ has recently begun to move

from the conceptual to the empirical. Social science

researchers are now beginning to empirically test the

conceptual assumptions of the therapeutic framework.

This is ushering in a new and exciting wave of TJ

scholarship, for now, the TJ scholars are using not

only the insights of the social sciences to develop law

and legal processes but also the methods of the social

sciences to test those insights. The near future of TJ

scholarship promises to be an exciting and fruitful one

for the development of law and legal processes.

This entry examines this newly emergent and impor-

tant aspect of the intersections between law and psy-

chology (and the wider social sciences). It provides an

overview of the concept, a brief history of its develop-

ment, a review of the practical implications of the

framework, and an overview of its international appeal.

Therapeutic Jurisprudence:

An Overview

TJ is, at its most basic, a therapeutic perspective of the

legal system. It aims to use the knowledge and exper-

tise of the social sciences–including psychology,

criminology, social work, and others—to study the

therapeutic and antitherapeutic aspects of the law and

the wider legal system. TJ suggests that, whether one

likes or acknowledges it or not, the law and the way

legal actors interact with people have therapeutic con-

sequences; thus, when the opportunity arises, legal

actors should attempt to maximize the therapeutic

potential (or at least minimize the antitherapeutic

potential) of the legal interaction, providing that legal

safeguards such as due process and justice considera-

tions are not compromised.

TJ is not a paternalistic framework and does not call

for increased state intervention or coercion. Therapeutic

jurisprudence simply suggests that the therapeutic

potential of the law and legal actors be recognized, sys-

tematically studied, and, when appropriate, acted on.

804 ———Therapeutic Jurisprudence

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