This Friday and Saturday, I’ll be hosting a workshop for a group of lawyers and law professors who affiliate themselves with therapeutic jurisprudence, a legal philosophy that examines the therapeutic and anti-therapeutic properties of our laws and legal systems. TJ, as we call it, implicitly embraces legal outcomes that support psychological health and well-being. We’ll be gathering at Suffolk University Law School for two great days of informal presentations and thoughtful exchanges.
Much of our discussion will be devoted to how North American TJ scholars and practitioners can mainstream a philosophical lens that, despite some genuine advances, exists somewhat on the periphery of legal thought. In fact, last month I wrote a guest post for the Therapeutic Jurisprudence in the Mainstream blog, examining some of the challenges that face TJ adherents in the U.S. as we attempt to grow our numbers, visibility, and influence. Here are a couple of snippets:
American lawyers and judges learn very early in their legal training – commonly, during the first year of law school – of the law’s discomfort with psychology, whether in interpreting tricky issues of intent or wrestling with how to incorporate insanity or incapacity into legal decision making. Furthermore, emotions are regarded as messy, getting in the way of analysis. When it comes to dealing with legal disputes, it’s easier to get the parties’ stories and apply rules to facts, hopefully without too much mucking around in the human mind and complicated feelings.
I offer the hypothesis that many American lawyers, judges, legislators, and law students have little idea of how truly miserable the standard-brand civil or criminal litigation experience can be for most parties to a legal dispute. Being a party to litigation is, at best, a major distraction from more life-affirming activities, and often proves expensive, time consuming, intimidating, fearful, and stressful, with significant stakes in the result.
We’ll have lots of good stuff to talk about! I look forward to welcoming participants David Wexler (TJ co-founder), Indira Azizi, Susan Brooks, Caroline Cooper, Heather Ellis Cucolo, Michael Jones, Shelley Kierstead, Alison Lynch, Michael Perlin, Amanda Peters, Marjorie Silver, and Carol Zeiner.