A framework for the evidence-based practice of therapeutic jurisprudence: A legal therapeutic alliance

Int J Law Psychiatry. 2023 Jul 12;89:101906. doi: 10.1016/j.ijlp.2023.101906. Online ahead of print.ABSTRACTThis paper provides a theoretical rationale for using the constructs of procedural justice, trust and self-determination as a framework to guide the evidence-based practice of therapeutic jurisprudence (TJ). The overarching purpose of TJ is to provide therapeutic outcomes to all participants in the legal system. This paper proposes that in legal decision-making, running a procedurally just process that generates trust amongst participants and allows the parties to experience self-determination, creates a dynamic akin to the therapeutic alliance, which, in therapy, is a reliable predictor of therapeutic outcomes. The paper argues that when a legal therapeutic alliance forms in a legal decision-making process then positive therapeutic outcomes are possible, and the process can be classified as one that accords with the philosophy of TJ. A subsequent argument is that a therapeutic court can be defined as one that enacts such a process. The paper concludes by explaining how the framework can provide both a guide to courts in designing TJ processes and an assessment framework to analyse legal decision-making processes for their therapeutic value.PMID:37451069 | DOI:10.1016/j.ijlp.2023.101906
Source: International Journal of Law and Psychiatry - Category: Medical Law Authors: Source Type: research