Therapeutic jurisprudence in a comparative law context

Abstract

Therapeutic jurisprudence is the study of the role of the law as a therapeutic agent. Legal rules, legal procedures, and the roles of legal actors are seen as social forces that may produce therapeutic or antitherapeutic consequences. With a focus on legal arrangements and therapeutic outcomes, interest in therapeutic jurisprudence is less tied to domestic legal doctrine than are many other areas of legal scholarship. The present article proposes a comparative law approach to the study of therapeutic jurisprudence, and discusses some of the benefits—and possible cautions—of such an approach. © 1997 John Wiley & Sons, Ltd.

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