Can the criminal law ever be therapeutic?

This paper addresses the question of whether criminal law, especially in its sentencing and penological aspects, can be adjusted in its workings to incorporate the perspective of therapeutic jurisprudence. A conceptual framework developed by Wexler, Winick, and their colleagues is employed to provide a basis for reflection on the operation and impact of sentencing processes. Of considerable importance in this exercise is a mounting volume of evidence concerning the outcomes of work with adjudicated offenders, which illustrates the potential of psycho-educational, behavioral-cognitive skills-training, and therapeutic programs for reduction of recidivism. Such intervention programs are currently offered within the limits set by, but are not intrinsic components of, judicial decisions. The psycho-legal implications of these findings are discussed and some possibilities surveyed for tentative exploration of actively therapeutic departures within crimino-legal decision-making.     

Therapeutic jurisprudence in the courts

Therapeutic jurisprudence is an emerging field of law and social science inquiry that explores the role of the law in fostering therapeutic or antitherapeutic outcomes. This article considers the relationship between therapeutic jurisprudence and court performance goals, examines applications of therapeutic jurisprudence in court settings, discusses the steps involved in incorporating therapeutic jurisprudence principles into the work of courts, outlines the pros and cons associated with practicing therapeutic jurisprudence primarily in specialized courts, and offers suggestions for fostering continued experimentation by courts.     

Therapeutic jurisprudence and changing conceptions of legal scholarship

This article traces changes in the nature of legal scholarship and illustrates how therapeutic jurisprudence reflects changing conceptions of the law and legal scholarship. It argues that therapeutic jurisprudence may be regarded as a mental health law counterpart to ?New Public Law,”? and shows that questions asked by therapeutic jurisprudence scholars parallel closely those asked by public law scholars.     

Applying the law therapeutically

Therapeutic jurisprudence is the study of the law as a therapeutic agent. Although much of therapeutic jurisprudence focuses on possible changes to the law, one important interdisciplinary dimension of the endeavor involves the therapeutic application of existing law. Examples are provided of therapeutic application of existing law, and this exercise is proposed as a promising path for applied psychology.     

State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law

This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.     

From therapeutic jurisprudence...to jurisprudent therapy

For nearly a decade, "therapeutic jurisprudence" (TJ) has provided a theoretical framework within which legal rules, legal procedure, and legal roles are analyzed in terms of their therapeutic, neutral, or antitherapeutic effects. This article proposed "jurisprudent therapy" (JT), an extension of the TJ model, as a context for analyzing mental health science, mental health practice, and mental health roles in terms of their "jurisprudent," neutral, or "antijurisprudent" effects. The JT perspective neither supplants nor supersedes TJ; rather, it mirrors and augments an established process for interdisciplinary contrast, comparison, and integration. Just as an empathic and evolving legal system provides psychological benefits, so does a legally informed and juridically compatible progression of social science promote principles of justice and human freedom. Consideration of these two complementary models in tandem yields an array of brainstorming devices, to synergistic effect, with heuristic implications for teaching, research, and service delivery.     

Embolie gazeuse cérébrale lors d’une séance d’hémodialyse : aspects médico-légaux : à propos d’une affaire judiciaire

Air embolism is a serious iatrogenic event, concerning many invasive medical therapies. It is a rare but life-threatening adverse event. We report a case of a cerebral air embolism occurring during a renal replacement therapy. We report the case of a court case analyzed in the Department of Legal Medicine of Farhat Hached University Hospital in Sousse, Tunisia, related to a cerebral gas embolism occurring during a session of renal replacement therapy. Then we discuss the medical liability of the medical team involved in this act. Through a draft organic law (law No. 41/2019 on patients’ rights and medical liability), Tunisian jurisprudence aims at resolving legal claims in the field of medical liability by providing more opportunities for an amicable solution and by guaranteeing an adequate and quick compensation of the damage suffered.     

Advancing psychological jurisprudence

Recent articles and literature reviews within the field of social science and law point to the importance of developing interdisciplinary jurisprudence. An overview of psychological jurisprudence is presented. Next, three approaches to the specific construction of psychological jurisprudence are reviewed. Finally, the relationship between legal psychology and psychological jurisprudence is discussed.     

The family group conference in the New Zealand children, young persons, and their families act of 1989 (CYP&F): review and evaluation

The family group conference is an innovation introduced into New Zealand law as a means of resolving child protection and youth justice cases. The law requires the conference to include the offender, the victim, the extended family, and other relevant parties. This article reviews New Zealand research and commentary, and publications reporting on experiences with the methods in other countries. The discussion emphasizes problems in adapting a method based on one culture to a different culture and social organization. The article also considers the law from the viewpoint of therapeutic jurisprudence. Although the research is sparse, the FGC has strong promise for resolving problems, enhancing the sense of community and participation, and empowering families.     

Freedom of Religion or Belief in the Jurisprudence of the Bulgarian Constitutional Court1

Abstract

This article discusses the evolution of the jurisprudence of the Bulgarian Constitutional Court (BCC) in the area of freedom of religion or belief by reference to its most recent judgment, which among other things considered the legality of a provision of establishment ex lege of the majority religion. While the court was unable to reach the majority needed for a decisive judgment, the elaborations of the two groups of judges illustrate two distinctive trends in BCC jurisprudence in the area of freedom of religion or belief. At one end of the spectrum the dissenting judges presented very detailed elaborations for the justification of establishment ex lege against the background of Article 9 of the European Convention on Human Rights, with notions similar to the Hartian rule of recognition, using sources such as canon law and Ottoman law as legally relevant facts for the constitution of a ‘background culture’ (via establishing the majority religion ex lege). At the other end of the spectrum dissenting judges presented a more sceptical approach to establishment ex lege through a very literal interpretation of the principles and some of the European Court of Human Rights jurisprudence dealing with Article 9. While the decision was not conclusive it flagged a new dimension to the BCC's approach in the area of human rights and freedom of religion or belief – the blending of political and legal analytical philosophy with a detailed analysis of European Court of Human Rights case law.     

论医患关系的法律属性

医事法（又称卫生法）究竟是属于民法的调整范畴还是属于行政法的范畴,国内学术界争议很大。从医学科学与医疗行为的本质特征看,医患关系并不具备民事法律关系所必须具备的主体平等、双方自愿及等价有偿互惠互利三大特征中的任何一个特征。同时也不存在行政主体与行政相对人的关系。为此,首次提出医事法既不调整横向的民事法律关系,也不调整纵向的行政法律关系,而是调整斜向的医事法律关系的一门独立的法律体系的理论。     

Therapeutic jurisprudence and the resolution of value conflicts: what we can realistically expect, in practice, from theory

This article assesses the criticisms of therapeutic jurisprudence that it cannot resolve value conflicts, especially between autonomy rights and therapeutic values, or, less radically, that it has not provided a general method for resolving conflicts. Grounded in general jurisprudential principles about conflict resolution, including novel developments respecting the meaning of weighing and balancing, the article rejects the criticisms as unfounded. The article also develops and critiques arguments maintaining that therapeutic jurisprudence cannot resolve certain value conflicts because the values are incommensurable. The argument is illustrated by examples concerning the right to refuse treatment, and jurisprudential analyses of that right.     

From status to contract: a future for mental health law

Given the many complex issues and interests involved it is hardly surprising that mental health is a controversial topic. The law has a critical role in protecting interests and balancing claims. But the law is a major part of the problem. Indeed analysis of its role in producing anti-therapeutic outcomes led to the development of therapeutic jurisprudence. And we keep changing the law; for example on 16 October, 1999 the British Government announced proposals for radical reform of the mental health laws of England and Wales which, in the current form, were heavily influenced by developments in the United States of America. A major problem, it is submitted, is that we do not have an agreed model of the law, upon which to develop an appropriate structure for the delivery of mental health services. Currently we emphasis 'status', which puts a premium upon drawing distinctions which it is difficult, if not unrealistic, to achieve in practice. Another approach would be to emphasize the centrality of the relationship between the patient, or client, and the inter-disciplinary team of people providing him or her with services. This approach, outlined and argued for in this article, would involve developing the law of contract.     

Psychological jurisprudence and the information processing paradigm

The purpose of this article is to further recent work in the psychology of jurisprudence. After summarizing the value positions that are central to a jurisprudence that emphasizes the role of law in the everyday lives of individuals, we examine the interaction between the tenets of that philosophy and the paradigmatic content of psycholegal research. We propose that one dominant perspective, information processing, assumes that legal actors are imperfect processors of social information and proceeds to document biases and propose ways for the law to minimize shortcomings in human cognition. After summarizing the emerging theory of psychological jurisprudence, we discuss the information processing paradigm in psychology and law, illustrating its contributions with three recent studies. Next, we present an empirical analysis of abstracts from the last 5 years of empirical research to demonstrate that there is a representative body of information processing research in psychology and law. Following this is an in-depth assessment of a sample of cognitive and social cognitive studies, detailing the scientific and normative issues that make up this literature. Finally, we conclude with some recommendations for jurisprudential theorists and psycholegal researchers which will integrate the philosophy of psychology and law with its empirical underpinnings.     

Toward a therapeutic jurisprudence analysis of medication refusal in the court review model

A therapeutic jurisprudence analysis attempts to discern the role of legal proceedings, lawyers and judges in producing therapeutic or anti-therapeutic consequences. This paper will attempt to use the therapeutic jurisprudence framework to analyze the legal and administrative aspects of court review as it was reported during a one year epidemiologic study of drug refusal. Characteristics of the review process, the effect on patient refusal, and the attitudes of treating psychiatrists are presented. To broaden the clinical context of the administrative findings, selected clinical characteristics of refusing patients, their attitudes toward mental illness, reasons for refusing medication and satisfaction with court review will be described. The discussion attempts to show how the initial administrative study findings may be interpreted in the broader context of their relationship to the achievement of therapeutic outcomes.     

Forensic psychology and Islamic jurisprudence

Islamic jurisprudence is the most widely used system of religious law in the world today. However, how forensic psychology may operate within this system has been largely unexplored. The current review sets out to explore the relationship between Islamic jurisprudence and forensic psychology by examining the Islamic legal concepts of evidence, competence, insanity, psychological disorder and intellectual disability and their implications for forensic practice. Also discussed are the potential barriers to forensic psychological practice in countries using a system of Islamic law.     

Islamic law and human rights: A contribution to an ongoing debate

In this essay the author criticizes two opposite approaches to the relationship between Islam and human rights: the incriminating and the apologetic approach. They are either anachronistic in that they judge the rules of classical Islamic jurisprudence by present‐day standards, or they entirely ignore its heritage. The author attempts instead to develop a new approach whereby classical Islamic jurisprudence is analyzed in its historical context. In order to examine whether Islam recognized a notion of fundamental rights, the author first tries to establish to what extent the notion of legal equality is recognized in Islamic law. Secondly, he examines two hierarchical legal relationships, viz. that between master and slave and that between husband and wife, in order to find which basic and inalienable rights Islamic law assigns to the weaker party in these relationships. His conclusion is that classical Islamic law offers points of departure for the development of a modern theory of human rights rooted in Islamic notions.>     

浅析术中知晓及其理性思考

术中知晓是全身麻醉中尚待解决的一个课题.本文分析了全身麻醉下病人发生术中知晓可能的原因,提出相应的预防措施及治疗方法.其中着重讨论术中知晓的预防,偶发事件出现后对病人要及时沟通及药物治疗,为病人最大利益着想,改善医患关系,防止医患冲突.