NCJ Number
134591
Journal
Law and Human Behavior Volume: 16 Issue: 1 Dated: (February 1992) Pages: 27-38
Date Published
1992
Length
12 pages
Annotation
Criticizing the traditional doctrinal approach to mental health law, this article compares the traditional approach with a new and interdisciplinary approach known as therapeutic jurisprudence.
Abstract
Therapeutic jurisprudence, which offers the potential of allowing the law to develop as psychology develops, regards the law itself as a potential therapeutic agent. Examples illustrate ways in which legal rules, procedures, and the roles of legal actors may produce therapeutic or antitherapeutic results as well as ways in which the law may improve therapeutic outcomes without overlooking the interests of justice. A major consequence of disentangling mental health law from its dependence on American constitutional law is that the field may become more international and comparative in its perspective. 64 footnotes