Therapeutic jurisprudence group on bullying, mobbing, and abuse across the lifespan

If you’ve been following this blog regularly, then you may know that I have been closely involved in the creation of the International Society for Therapeutic Jurisprudence, a global, non-profit learned organization dedicated to advancing therapeutic jurisprudence, “an interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions.”

The ISTJ will be conducting many of its activities through Interest Groups organized around substantive topics of law and public policy. As part of that effort, I’ve joined with a small group of fellow members to form an Interest Group on Bullying, Mobbing, and Abuse Across the Lifespan. The group will examine and address these behaviors from an interdisciplinary perspective, emphasizing the intersection of psychological trauma and law & public policy. Here are among the group’s possible activities:

  • Creating and improving trauma-informed public education programs and workshops about bullying/mobbing/abuse in all settings;
  • Examining how we can support targets and victims in litigation, such as providing information to attorneys and planning expert witness testimony and analyses;
  • Examining different approaches to legislation and public policy, i.e., differences and commonalities in dealing with abusive behaviors across the spectrum; and,
  • Organizing writing projects, programs, etc.

I should note that this group will not be able to provide individual counseling, coaching, or legal advice for those who are experiencing any of these behaviors. However, in the future we may be able to develop resource listings like that on this blog for workplace bullying to guide those experiencing abusive mistreatment in other contexts.

If you are interested in becoming a member of this group, then you’ll first need to join the ISTJ (memberships run calendar year, Jan-Dec; $25 regular; free for currently enrolled students). After joining you’ll either want to indicate your interest in this topic of the TJ Forum page and/or e-mail me at dyamada@suffolk.edu.

On being responsibly bold (and other advice for legal activists)

The short version is here

At the recent therapeutic jurisprudence (TJ) workshop hosted by Professor Carol Zeiner and the St. Thomas University School of Law in Miami, Florida, I urged us all to be “responsibly bold” in our research and advocacy for legal and policy change. The term resonated with a number of workshop participants, and that response has prompted me to gather three clusters of advice for legal activists who are working toward the greater good.

The advice is based primarily on two ongoing points of significant involvement:

  1. engaging in scholarship, legislative drafting and advocacy, and public education on workplace bullying and mobbing; and
  2. researching and proposing law reform measures concerning the widespread practice of unpaid internships.

It is also informed by the promise of our new organization, the International Society for Therapeutic Jurisprudence, which is happily recruiting founding members.

I hope these thoughts will inspire your ideas about how to be effective in a legal activist mode.

Be responsibly bold

If it matters, write about it, even if no one else is doing so.

Take smart chances to be among the first, if not the first, to address a topic worthy of attention.

Furthermore, instead of merely analyzing the problem and providing broad parameters for a legal or policy response, offer a proposed solution with enough detail to lead the discussion on what should be done.

This may include outlining the specific strategy of a legal challenge or drafting a proposed statute or regulation.

As a law professor, I’ve noticed that some legal scholars opt not to take their analysis and writing this far. They critique a set of judicial decisions or an existing statute thoroughly and relentlessly, leaving nothing to pick over but the bones. However, when it comes to proposing a solution, they lapse into safer generalities. Rather than proposing, for example, specific language for a statutory amendment or a revised regulation, they morph into Impressionism and finish with erudite yet vague conclusions.

Instead, when recommending new or reformed public policies, the potential agenda setting approach is to write up the proposed statute or regulation. Greater specificity fuels the possibility of playing a more significant role in changing law and policy.

Be willing to write the first draft

Many years ago, Anthony Amsterdam, a New York University law professor and legendary civil rights lawyer, suggested to a group of new law instructors that if we are willing to be “the bottom name on the brief,” i.e., the person who does the grunt-level research and drafting even though others with fancier titles are listed above us on the pleading, then we can potentially enjoy the greatest influence over the shaping of the document.

Tony’s maxim taught me a lesson, and it has been verified in virtually every legal, political, policy, and bureaucratic setting to which I have been privy: Do a really good job on a first draft and the words continue to influence others. They may even help to frame a broader legal or policy agenda.

A quality brief or proposed statute becomes the template for others to borrow or tweak. A well-crafted set of talking points appears time and again in the remarks and speeches of others. A neatly worded resolution cuts through a lot of excess verbiage and half-baked thoughts in a meeting or conference.

Seek out partnerships and affiliations

A change agent should seek out partnerships and affiliations with organizations, associations, and agencies that can help to advance one’s work. Connections with the right groups and individuals can lead to a sharing of ideas, access, and resources. They can open doors that may appear to be closed when working solely on our own.

Considerations of partnerships and associations overlap strongly with writer and entrepreneur Seth Godin’s suggestion that in order to achieve desired change, those of like interests and commitments should gather together in “tribes.”

In his 2008 book, Tribes: We Need You to Lead Us, Godin defines a tribe as “a group of people connected to one another, connected to a leader, and connected to an idea,” adding that the two things a group needs to operate as tribe are “a shared interest and a way to communicate.”

He has further identified three types of tribes and individuals:

  • Those who react,
  • those who respond, and
  • those who initiate.

He suggests that while many simply react or respond to external stimuli, genuine leaders initiate by recognizing needs and opportunities that others miss, thereby playing a greater part in shaping change.

I am currently serving as the first board chairperson of the International Society for Therapeutic Jurisprudence. For those interested in law reform that embraces well-being and psychological health, I hope that the ISTJ will serve as a nurturing, inclusive, and forward-looking tribe. One look at the overall state of the world should tell us that a TJ perspective is badly needed when it comes to informing our laws, legal systems, and legal institutions.

We’ve got our work cut out for us. Let us be among the change agents who offer responsibly bold and humane solutions that advance human dignity.

***

A slightly different version of this post was published by the Therapeutic Jurisprudence in the Mainstream blog. Portions of the above are adapted from my 2016 article, “Intellectual Activism and the Practice of Public Interest Law” (Southern California Review of Law and Social Justice), which can be downloaded here without charge.  It’s a very personal piece, filled with reflections on my experiences with law reform activities. The roles of TJ and interdisciplinary connections figure prominently in my commentary.

Therapeutic jurisprudence: Human dignity as a prime objective for law and public policy

(photo: Kathy Cerminara)

I just returned to Boston from a two-day workshop on therapeutic jurisprudence (TJ), hosted by Professor Carol Zeiner at the St. Thomas University School of Law in Miami. Like every other TJ gathering that I’ve been a part of, it was a compelling blend of thought-provoking ideas and information, matched by a wonderful sense of fellowship.

My talk was titled “TJ as a Framing Response to Anger, Shock & Trauma in Public Policy Making.” In addition to quickly surveying some of the disturbing developments in U.S. immigration and health care policy, I discussed the challenges of advocating for workplace anti-bullying legislation. The key message of my talk was that we must, without apology, frame debates about law reform and the making of legislation in terms of individual and collective dignity.

If you’d like a sampling of what TJ scholars and practitioners are working on, here’s the Day 1 agenda of our workshop:

And here’s the Day 2 agenda:

As some subscribers to this blog are aware, I am serving as board chair of the new, non-profit International Society for Therapeutic Jurisprudence (ISTJ). For many years, the TJ community existed as an informal, interdisciplinary network of scholars, practitioners, judges, and students. With the formation of the ISTJ, we are consolidating a variety of TJ initiatives and building a global organization for this growing community. Membership is open to all who share the goals of the ISTJ (not just lawyers!), with regular 2018 membership dues set at $25 USD and student memberships for free.

The new International Society for Therapeutic Jurisprudence is taking members!

I’m delighted to report that we have launched the website of the new International Society for Therapeutic Jurisprudence (ISTJ) and that we are now enrolling founding members for 2018! Much of the following is taken from the ISTJ website:

Co-founded in 1987 by law professors David Wexler and Bruce Winick, therapeutic jurisprudence (TJ) is an interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. TJ values psychologically healthy outcomes in legal disputes and transactions, without claiming exclusivity in terms of policy objectives.

For many years, the therapeutic jurisprudence community has existed as an informal, growing global network of scholars, practitioners, judges, and students. With the formation of the ISTJ, we are now consolidating a variety of TJ initiatives and building an organizational framework for this community.

The ISTJ is a non-profit, tax-exempt, learned organization dedicated to advancing TJ by:

  • supporting legal and interdisciplinary scholarship;
  • identifying and promoting best professional and judicial practices;
  • sponsoring conferences, workshops, and seminars;
  • engaging in continuing professional education and public education activities;
  • and hosting and participating in print, electronic, social media platforms.

We spent much of 2017 assembling our founding board of trustees and global advisory council, drafting and filing our incorporation papers and application for tax-exempt status, and creating this website. The ISTJ held its founding meeting in July 2017, at the International Congress on Law and Mental Health in Prague, Czech Republic.

Membership is open to anyone who shares the general mission of therapeutic jurisprudence, not just lawyers and law professors! Our standard membership fee is only $25 USD, and currently enrolled students may join for free. Please click here to join us!

ISTJ Leadership

I’m privileged to be serving as the ISTJ’s first board chairperson, and we’ve assembled a wonderful board of trustees to help us get off the ground:

  • Astrid Birgden, Consultant Forensic Psychologist and Adjunct Clinical Associate Professor, Deakin University, Australia
  • Amy Campbell, Associate Professor of Law and Director, Institute for Health Law & Policy, University of Memphis Cecil C. Humphreys School of Law, Memphis, TN, USA
  • Kathy Cerminara, Professor of Law, Nova Southeastern University Shepard Broad College of Law, Fort Lauderdale, FL, USA
  • Heather Ellis Cucolo (ISTJ board director), Director, Online Mental Disability Law Program, New York Law School, New York, NY, USA; Principal, Mental Disability Law and Policy Associates
  • Martine Evans, Professor of Law and Criminology, Law Faculty, University of Reims, France
  • Shelley Kierstead (ISTJ board vice chair), Assistant Professor and Director, Legal Research and Writing Program, Osgoode Hall Law School, York University, Toronto, Canada
  • Michael Perlin, Professor of Law, Emeritus, New York Law School, New York, NY, USA; Principal, Mental Disability Law and Policy Associates 
  • Pauline Spencer, Magistrate Judge, Magistrates’ Court of Victoria, State of Victoria, Australia
  • Nigel Stobbs, Senior Lecturer, Faculty of Law, Queensland University of Technology, Brisbane, Australia
  • David Wexler, Professor of Law, University of Puerto Rico, San Juan, Puerto Rico, and Distinguished Research Professor of Law Emeritus, University of Arizona, USA
  • Michel Vols, Professor and Chair in Public Order Law, Faculty of Law, University of Groningen, The Netherlands
  • David Yamada (ISTJ board chair), Professor of Law and Director, New Workplace Institute, Suffolk University Law School, Boston, MA, USA

You can learn more about the ISTJ leadership, including members of our Global Advisory Council, here.

Personal note

I discovered the therapeutic jurisprudence movement roughly a decade ago. As my work concerning workplace bullying, mobbing, and abuse increasingly led me into different branches of psychology, I saw TJ as an ideal framework for what I was doing. Since then, my involvement in the TJ community has deepened considerably. In fact, the seeds of the ISTJ were planted during a 2015 workshop on therapeutic jurisprudence that I hosted in Boston. It took several years of meetings, discussions, and planning for things to come together, but we’re now excited about going public with this new organization.

A few revised posts for your consideration

Dear readers, during the past year I’ve revised, tweaked, and updated several popular earlier posts to this blog. I hope you’ll find them interesting and/or useful!

The social responsibilities of intellectuals at a time of extraordinary human need (original: July 2013 ; revised: January 2017) — “Intellectuals should help to lead, not merely react and respond. In both of my talks at this conference, I suggested that scholars should be “responsibly bold” about investigating reality and fashioning solutions to our problems. I also urged us to be “restlessly patient,” understanding that positive change can take time, while continually seeking opportunities to effect that change sooner than later.”

Gaslighting as a workplace bullying tactic (original: December 2012; revised: March 2017) — “Gaslighting often is discussed in the context of spousal and family relationships. It makes sense, then, that we see so many parallels between domestic abuse and workplace bullying. Perhaps the leap from Ingrid Bergman & Charles Boyer to The Office isn’t much of one after all.”

When the bullying comes from a board member (original: August 2011; revised: November 2017) — “‘Board bullying,’ as I call it, is one of the largely unexplored aspects of workplace bullying. I do not know how frequent it is, and I have not yet found any research literature on the topic. . . . And yet I know it is real. I suspect it is more prevalent in the non-profit sector than in the business sector, but that impression may be unduly influenced by the fact that I’ve spent much of my career and volunteer service in non-profit organizations.”

What is academic tenure? (original: August 2011; revised: December 2016) — “Tenure is under attack. Some claim that tenured professors are too coddled and privileged. Others say that in the face of rising tuition and a difficult economy, tenured and tenure-track professors are too expensive. In some cases, political and university leaders are going after tenure to diminish academic freedom in higher education.”

When “heart, will, and mind are on the same page” (original: July 2010; revised: July 2017) — “For many years, University of Chicago psychologist Mihaly Csikszentmihalyi has been urging us to seek those elusive states of flow in our lives, those experiences when ‘heart, will, and mind are on the same page.’  They may involve ‘singing in a choir, programming a computer, dancing, playing bridge, [or] reading a good book.’  In these moments, ‘what we feel, what we wish, and what we think are in harmony.'”

Infusing good core values into a new organization

With a beta version of the TJ Society’s forthcoming website, at the International Congress on Law and Mental Health, Prague, in July

Readers of recent entries are likely aware that I’ve been hip deep in helping to create a new, non-profit organization, the International Society for Therapeutic Jurisprudence (“TJ Society”). From the most recent draft of our by-laws, here is what the group is about:

Therapeutic jurisprudence (TJ) is an interdisciplinary field of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. TJ values psychologically healthy outcomes in legal disputes and transactions, without claiming exclusivity in terms of policy objectives. The TJ Society shall advance these overall purposes by supporting legal and interdisciplinary scholarship; identifying and promoting best professional and judicial practices; sponsoring conferences, workshops, and seminars; engaging in continuing professional education and public education activities; and hosting and participating in print, electronic, social media platforms.

As I wrote earlier this month, I’m part of an all-volunteer board that is forming this organization, and I’m serving as its first chairperson. It’s a lot of work, but the broader purpose and the fellowship of a truly exceptional group of colleagues make it all worth it.

This also is an opportunity to put into practice many of the values that I have been advocating for via this blog. It means practicing inclusive, servant leadership dedicated to a cause greater than individual ambitions. It means treating others with respect and dignity. It means actually exhibiting transparency rather than simply touting it. It means avoiding unnecessary hierarchies. Above all, it means building a welcoming and difference making community. Fortunately, our board consists of individuals who walk this talk as a natural way of going about things. This is good: An organization devoted to psychologically healthy laws and legal systems should strive to operate in a psychologically healthy manner.

The TJ Society is a global organization, with a board and advisory council comprised of folks from around the world. This creates obvious communications challenges. It can mean maddening pile-ups of e-mails (many inflicted by yours truly) in attempting to work through topics that require group input, and very understandably patiences can grow weary among a group of very busy people. Additionally, available online meeting technologies such as Skype and Google hangout can’t change the scheduling realities of holding a board meeting with participants’ time zone differences ranging from six to fourteen hours! As I said, we’re fortunate to have such wonderful board members who can roll with the digital waves.

In terms of shaping my contributions to this fledgling learned society, I am fortunate to have other organizations and initiatives as role models. Over the years I have learned so much from the Human Dignity and Humiliation Studies network, especially the leadership of co-leaders Evelin Lindner and Linda Hartling. I’ve also been inspired by the inclusive culture of the biennial Work, Stress and Health conference, co-sponsored by the American Psychological Association, National Institute for Occupational Safety and Health, and Society for Occupational Health Psychology. I’m further grateful for the biennial International Congress on Law and Mental Health sponsored by the International Academy of Law and Mental Health, which, among many other good things, allows therapeutic jurisprudence scholars and practitioners to gather and learn from each other. I hope that the TJ Society will draw from the best characteristics exhibited by these entities.

It’s too early to say whether the TJ Society will build into its culture the values that make for healthy, inclusive organizations, but I’m betting that it will happen. Embracing and practicing these values at the beginning is an important start. Yup, as we grow we’ll make some mistakes, juggle differences of opinion, and probably deal with conflicts here and there. But if the foundation is strong, we’ll do things in the right way much more often than not.

Launched in Prague: The International Society for Therapeutic Jurisprudence

With Prof. Shelley Kierstead, vice-chair, and a beta version of our forthcoming website

I’m delighted to announce the founding of the International Society for Therapeutic Jurisprudence, a new, non-profit, membership-based learned association devoted to advancing therapeutic jurisprudence (TJ), a school of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. Our opening event was a founding meeting on Tuesday at the International Congress on Law and Mental Health, held in Prague, Czech Republic. Several dozen people from around the world filled a meeting room to discuss plans for this new organization, and the combined energies created a palpable sense of enthusiasm and engagement.

From the latest draft of our by-laws, here is what the International Society for Therapeutic Jurisprudence (aka TJ Society) is about:

Therapeutic jurisprudence…is an interdisciplinary school of philosophy and practice that examines the therapeutic and anti-therapeutic properties of laws and public policies, legal and dispute resolution systems, and legal institutions. TJ values psychologically healthy outcomes in legal disputes and transactions, without claiming exclusivity in terms of policy objectives. The TJ Society shall advance these overall purposes by supporting legal and interdisciplinary scholarship; identifying and promoting best professional and judicial practices; sponsoring conferences, workshops, and seminars; and hosting and participating in print, electronic, social media platforms.

Prof. David Wexler, TJ co-founder

For several decades, the field of therapeutic jurisprudence has existed as an expanding but somewhat informal global network of law professors, judges, lawyers, psychologists and other social scientists, and law and graduate students. These efforts have manifested themselves in a growing body of research and practice, as captured in a Therapeutic Jurisprudence in the Mainstream blog, a searchable online bibliography of TJ-related scholarship, a new TJ scholarship journal, and a social media presence on Facebook.

However, it became clear that we needed to create a point of affiliation and organization for those interested in TJ. Tuesday’s launch meeting in Prague was a public fruition of that sentiment. Among other things, we discussed the foundational work for this organization, outlined plans for the near future, and held an open discussion to develop more ideas and identify interested participants. We also honored two colleagues, law professors Amy Campbell (U. Memphis) and Kathy Cerminara (Nova Southeastern U., Florida), with the first Wexler/Winick Distinguished Service Awards, our way of thanking them for their selfless service to the TJ community. The award is named for TJ co-founders David Wexler and the late Bruce Winick.

With Profs. Amy Campbell and Kathy Cerminara, award winners

I am serving as the TJ Society’s first board chairperson, and in that role I am facilitating the organization’s early work and providing leadership for our board of trustees. Joining me as officers are vice chair Shelley Kierstead, a law professor at York University’s Osgoode Hall Law School in Toronto, and director Heather Ellis Cucolo, a New York attorney specializing in mental disability law. I hasten to add that all members of our board are rolling up their sleeves to help this new organization get off the ground. It is a really good and accomplished group of people, and we enjoy each other’s company and support. Here is the founding board:

  • Astrid Birgden, forensic psychologist, Australia
  • Amy Campbell, law professor, USA
  • Kathy Cerminara, law professor, USA
  • Heather Ellis Cucolo, attorney, USA (board director)
  • Martine Evans, law and criminology professor, France
  • Michael Jones, law professor and judge (ret.), USA
  • Shelley Kierstead, law professor, Canada (board vice chairperson)
  • Michael Perlin, law professor, USA
  • Pauline Spencer, magistrate judge, Australia
  • Nigel Stobbs, law professor, Australia
  • David Wexler, law professor, USA
  • Michel Vols, law professor, The Netherlands
  • David Yamada, law professor, USA (board chairperson).

In addition, these four distinguished individuals will be serving as permanent Honorary Presidents of the TJ Society, in recognition of their signature, core contributions to this field:

  • Peggy Hora, California state court judge (ret.) and international authority on creating solution-based courts
  • Michael Perlin, professor emeritus at the New York Law School and leading mental health & disability law expert
  • David Wexler, law professor at the University of Puerto Rico & the University of Arizona and co-founder of the TJ movement
  • The late Bruce Winick, University of Miami law professor and co-founder of the TJ movement.

We are also assembling a large and distinguished Global Advisory Council, currently with some 75 members, whose names and affiliations will be shared on our forthcoming website.

Faculty of Law building, Charles University, Prague, host for the International Congress

We have a lot of work to do this summer and early fall in order to (1) go public with the website; and (2) begin accepting memberships. We are building a website that will incorporate and link many existing TJ activities and projects, as well as add other research materials, information, and networking features. Interested individuals will be able to join the TJ Society through the website, with membership dues set at $25 US per year, except for students who may become members for free.

That work is already underway. We followed our Tuesday launch with an impromptu meeting of several board members this morning. We realize that starting up a new global organization primarily by e-mail communications and social media requires us to make the best use of our face-to-face time. We’ll be taking various work assignments with us to our various home locations. In the meantime, we’ll also spend a bit more time enjoying the sights of this beautiful old European city.

Old Town, Prague, is quite the sight

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