Therapeutic Jurisprudence: New Zealand Perspectives (eBook)

Therapeutic Jurisprudence: New Zealand Perspectives (eBook)

Warren J Brookbanks

eBook - ProView

$90.30* RRP + GST

Date: 25/08/2015

Code: 9780864729743

Thomson Reuters, NEW ZEALAND


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Book Therapeutic Jurisprudence: New Zealand Perspectives 10/09/2015 9780864729521 $90.30 Add to cart
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eBook - ProView Therapeutic Jurisprudence: New Zealand Perspectives (eBook) 25/08/2015 9780864729743 $90.30 Add to cart


Much has been written about therapeutic jurisprudence since it first emerged as a “tonic for what ails mental health law” (Paul S Appelbaum) in the late 1980s. Since then it has emerged as a credible “social-psychology of the law” in general, exploring the potential role of the law as a healing agent. Its foundational premise, namely, that the law itself can function as a therapist or therapeutic agent, is set against the recognition that legal rules and procedures, and the roles of judges and lawyers are also social forces, that can produce both therapeutic and anti-therapeutic outcomes. By changing the ways in which law and legal procedures are constructed, and by altering the forms in which law is practiced, it is possible to reconfigure some domains of law so that the law is able to operate more effectively as a therapeutic agent.

The book explores the therapeutic potential of law in an eclectic range of subject areas. These include the role of apology, problem gambling, employment dispute resolution, problem-solving courts, and the Maori experience of law. The book is divided into two parts, exploring theoretical and practice issues respectively. It covers new ground by examining the role of therapeutic jurisprudence in Corrections, the Coroners Court and in judging in civil and commercial litigation, and offers insights on the relationship between therapeutic jurisprudence and restorative justice, the challenges of sanism and self-reflexivity in judicial decision-making and the prospects for narrative lawyering. Its purpose is to expand the emerging discourse around therapeutic jurisprudence as a new methodology for legal problem solving while offering a practical insight into therapeutic jurisprudence in the New Zealand legal system.

Therapeutic Jurisprudence: New Zealand Perspectives is a resource for academics, legal practitioners, mental health and other support professionals, and students of these disciplines.

Extract from a review by Elizabeth N Brookbanks

"Brookbanks enlivens utopian ideals of how to best aid rehabilitation, whereby the healing and wholeness of both victim and offender is at least aspired to, if not entirely realized. To this end, throughout the book various practice domains in New Zealand law are explored from a TJ perspective, offering meaningful signposts, marking a road to the intentional administration of justice as a means of restoration and reconciliation."

Click the following link to read the full review:
Therapeutic Jurisprudence in the Mainstream - a blog run by an international Advisory Group with expertise and interest in the area of therapeutic jurisprudence.

Understanding Therapeutic Jurisprudence

Author Warren Brookbank explains how therapeutic jurisprudence (TJ) is a less adversarial approach to legal problem solving. He says, "In a very real sense TJ seeks the transformation of legal practice from a “win-lose culture into a quiet conversation.” READ MORE


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