Therapeutic Jurisprudence and Problem Solving Courts

Against the Grain: Therapeutic Judging in a Traditional Family Court

The last several decades have seen a proliferation of specialized courts, including within the family court system, that deviate from the adversarial model, and that rely on therapeutic jurisprudence and other problem-solving techniques. Whether and how traditional family courts can incorporate the best practices of these specialized courts is a largely understudied area. Drawing from ethnograp...

The Rebirth of the Rehabilitative: The Emergence of Problem-Solving Courts and Therapeutic Jurisprudence

A testable theory of problem solving courts: Avoiding past empirical and legal failures.

Recent years have seen a proliferation of problem solving courts designed to rehabilitate certain classes of offenders and thereby resolve the underlying problems that led to their court involvement in the first place. Some commentators have reacted positively to these courts, considering them an extension of the philosophy and logic of Therapeutic Jurisprudence, but others show concern that th...

Front-Stage Stars and Backstage Producers: The Role of Judges in Problem-Solving Courts().

In problem-solving courts judges are no longer neutral arbitrators in adversarial justice processes. Instead, judges directly engage with court participants. The movement towards problem-solving court models emerges from a collaborative therapeutic jurisprudence framework. While most scholars argue judges are the central courtroom actors within problem-solving courts, we find judges are the sta...

Changing Practices: The Specialised Domestic Violence Court Process

Specialised domestic violence courts, initially developed in the United States of America, have been recognised by other jurisdictions including Canada, Australia and the United Kingdom. This article presents a case study of K Court in Toronto, drawing upon documentary evidence, direct observations and interviews with key informants. It is argued that the specialised domestic violence court pro...