I’m happy to inform readers of the publication of a short law review essay, “Employment Law as if People Mattered: Bringing Therapeutic Jurisprudence into the Workplace,” which appears in a symposium issue of the Florida Coastal Law Review.
This is the published version of a piece I posted last year in draft form. Go here for a link to a pdf copy (no charge), and use the “one-click download” button. Here’s a brief abstract:
During the past 20 years, scholars and practitioners drawn to therapeutic jurisprudence (TJ) have produced a substantial body of work, with mental health law, criminal law, family law, and legal education being focal points for examination under a TJ lens. Employment law, however, has been conspicuously underrepresented in TJ-inspired scholarly and law practice literature. This essay is built on the premise that employment law scholars and lawyers, as well as the public at large, would benefit by applying a TJ perspective to the law of the workplace, and it suggests some framing concepts drawn from psychology and related disciplines to guide future research, analysis, and practice. It also applies these ideas to the challenges of representing employees and employers, using workplace bullying as a specific scenario for discussion.
The essay grew out of my participation in a 2009 symposium on therapeutic jurisprudence hosted by Florida Coastal. It was my first experience at a TJ event, and a delightful and stimulating one at that.