Category Archives: civil law

“Wrongful Birth” Claims and the Paradox of Parenting a Child with a Disability – applying a therapeutic jurisprudence lens

Guest blogger Sofia Yakren, Associate Professor of Law, CUNY School of Law writes… “Wrongful birth,” a controversial medical malpractice claim, likely has a significant anti-therapeutic impact on the individuals it is designed to compensate.   The claim is typically raised by the mother of a child … Continue reading

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Chief Justice: Non-adversarial approaches in criminal and civil law essential to “effective justice”

At the recent Second International Conference on Non-adversarial Justice: integrating theory and practice The Honourable Wayne Martin AC Chief Justice of Western Australia noted the limitations  of a purely adversarial system and proposed  that development and expansion of the principles of … Continue reading

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Improving civil litigation through therapeutic jurisprudence

Guest Blogger Hugh Koch writes that significant headway is being made in the UK and Sweden to develop concepts and practices in the application of therapeutic jurisprudence (TJ) to civil litigation… Collaboration between an experienced law academic and psychologist is … Continue reading

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Therapeutic jurisprudence and dying

In a new article Mark Glover observes how estate planning is so much more than visiting a lawyer and executing a will…  Contemporary estate planning employs various will substitutes, such as life insurance, revocable trusts, and payable-on-death contracts, to transfer the … Continue reading

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Therapeutic jurisprudence articles – Domestic violence torts & more

From time to time we will post links to articles that examine a range of legal areas through the therapeutic jurisprudence lens… Click on the title to access the full paper Domestic Violence Torts: Righting a Civil Wrong, Camille Carey, University of … Continue reading

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Estate Planning, Therapeutic Jurisprudence, and Ethical Wills

Guest blogger Mark Glover, Assistant Professor of Law, University of Wyoming College of Law, talks about the therapeutic potential of estate planning and ethical wills… Recognition of one’s mortality can be an unpleasant experience. For some, thinking about death can cause … Continue reading

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Problem tenants, Therapeutic Jurisprudence and mainstream housing courts

In this blog Michel Vols discusses his project in which TJ-principles and techniques are used in cases concerning nuisance behaviour that are dealt with by mainstream housing courts in the Netherlands. Quality of life offences and housing related anti-social behavior … Continue reading

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