Handbook

Therapeutic jurisprudence (TJ) is about practical social justice. This course examines the theoretical development and
application of the modern concept of TJ. It explores the origins of TJ in a mental health/disability context and its
expansion into criminal, family and commercial jurisdictions. The relationship of TJ to alternative dispute resolution and
restorative justice is considered, as is its impact on procedural and evidentiary issues and legal and judicial education. A
comparative and interdisciplinary focus allows analysis of the contributions and shortcomings of this new schema for
justice.

Main Topics

• General introduction to TJ: history; development; philosophical underpinnings; and key concepts
• Mental health and civil commitment
• Criminal justice: drug courts and corrections
• How TJ has expanded/works in other jurisdictions: family law and commercial areas
• How TJ intersects with restorative justice, alternative dispute resolution and mediation
• Theory and practice: guardianship and professional disciplinary hearings; legal rules; evidence and procedure
• Interdisciplinary issues: behavioural science and research; empirical studies
• Contributions and criticisms: legal and judicial education, human rights issues and law reform