[[Today's post comes from David Wexler, the John D. Lyons Professor of Law and Professor of Psychology at the University of Arizona. Because the adversarial nature of litigation generates so much of the ethics code, the new notion of Therapeutic Jurisprudence represents a profound challenge to our existing ethical norms.]]
Therapeutic jurisprudence (TJ) , an interdisciplinary perspective that views the law as a potential therapeutic agent, has moved from theory to practice, and has had an impact on judicial practice in the US and internationally. TJ is also influencing legal practice, both in civil and criminal matters.
In a series of recent articles, I explore the importance of TJ in expanding the role of the criminal defense lawyer. One piece discusses the various components and competencies of a TJ criminal lawyer, another outlines how TJ can add to a lawyer’s considerations at various stages of the legal proceedings, and still another essay looks at the lawyer’s role even when the client faces likely incarceration. In my most recent essay, I demonstrate how TJ criminal lawyering is more than just "good lawyering", and show its consistency with traditional notions of zealous advocacy and client autonomy. Indeed, I think it is time for TJ to be included in the law school curriculum, including the clinical curriculum.
I encourage interested persons to keep abreast of developments in TJ by visiting regularly the website of the International Network on Therapeutic Jurisprudence (a resource that includes a comprehensive bibliography, notice of upcoming activities, and much more) and, even more, to join the full-fledged (but non-burdensome) TJ Listserv or, at the least, the TJ Mailing List. This is an evolving area that very much depends on the thoughtful input of practitioners and academics in criminal law and in legal ethics.