scholarly journals Editorial: Current Issues in Therapeutic Jurisprudence

2016 ◽  
Vol 16 (3) ◽  
pp. 1 ◽  
Author(s):  
David B Wexler ◽  
Michael L Perlin ◽  
Michel Vols ◽  
Pauline Spencer ◽  
Nigel Stobbs

<p><em><span style="font-family: Times New Roman;">On behalf of the guest editors of this special issue, leading scholars and practitioners in the therapeutic jurisprudence (‘TJ’) field in Australia, Europe, and the US, we congratulate QUT and the authors for a valuable contribution to the increasingly influential presence of TJ on the international stage.</span></em></p><p><em><span style="font-family: Times New Roman;">TJ had its genesis in the early 1990s as a new interdisciplinary approach to mental health law in the US, but has expanded remarkably in scope, reach and influence since then. TJ sees law as a social force which inevitably gives rise to unintended consequences, which may be either beneficial or harmful (what we have come to identify as therapeutic or anti-therapeutic consequences). These consequences flow from the operation of substantive rules, legal procedures, or from the behaviour of legal actors (such as lawyers and judges). It is in this sense that we conceive of the role of the law as a ‘therapeutic agent’. TJ researchers and practitioners typically make use of social science methods and data to study the extent to which a legal rule or practice affects the psychological well-being of the people it affects, and then explore ways in which anti-therapeutic consequences can be reduced, and therapeutic consequences enhanced, without breaching due process requirements. The jurisdiction with which TJ was most often associated in its earlier days tended to the that of the drug courts (in which the drug court team assists drug addicted offenders to break out of their cycle of offending by facilitating and supervising treatment programs as part of the court process itself) and the other so-called problem solving courts (more commonly referred to as ‘solution focussed courts’ in Australia).</span></em></p>

2016 ◽  
Vol 12 (2) ◽  
pp. 210-224 ◽  
Author(s):  
Gordon Tait ◽  
Belinda Carpenter

AbstractThe long history of suicide as a criminal offence still has a significant contemporary effect on how it is perceived, conceptualised and adjudged. This is particularly the case within countries where suicide is largely determined within a coronial system, such as Australia, the UK and the US. This paper details the outcomes of a study involving semi-structured interviews with coroners both in England and Australia, as well as observations at inquests. It focuses around the widely held contention that the suicide rates produced within these coronial systems are underestimations of anywhere between 15 to 50 per cent. The results of these interviews suggest that there are three main reasons for this systemic underestimation. The first reflects the legacy of suicide as a criminal offence, resulting in the highest standard of proof for findings of suicide in the UK, and a continuing stigma attached to families of the deceased. The second is the considerable pressure brought to bear upon coroners by the family of the deceased, who, because of that stigma, commonly agitate for any finding other than that of suicide. The third involves the rise of ‘therapeutic jurisprudence’, wherein coroners take on the responsibility of the emotional well-being of the grieving families, which in turn affects the likelihood of reaching a finding of suicide. The conclusions drawn by the paper are also twofold: first – with respect to the stigma of suicide – it will take a lot more than simple decriminalisation to change deeply held social perceptions within the community. Second, given that suicide prevention programmes and policies are based on such deeply questionable statistics, targeted changes to coronial legislation and practice would appear to be required.


2017 ◽  
Author(s):  
Juneman Abraham

Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, and that we can think creatively about improving the law’s healing potential without violating other important values. By claiming that justice is therapy, the therapeutic jurisprudence perspective reaches beyond how to design and operate a court into a larger question of how law clients should be treated by the justice system.


2017 ◽  
Author(s):  
Juneman Abraham

Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, and that we can think creatively about improving the law’s healing potential without violating other important values. By claiming that justice is therapy, the therapeutic jurisprudence perspective reaches beyond how to design and operate a court into a larger question of how law clients should be treated by the justice system.


1998 ◽  
pp. 124-127
Author(s):  
V. Tolkachenko

One of the most important reasons for such a clearly distressed state of society was the decline of religion as a social force, the external manifestation of which is the weakening of religious institutions. "Religion," Baha'u'llah writes, "is the greatest of all means of establishing order in the world to the universal satisfaction of those who live in it." The weakening of the foundations of religion strengthened the ranks of ignoramuses, gave them impudence and arrogance. "I truly say that everything that belittles the supreme role of religion opens way for the revelry of maliciousness, inevitably leading to anarchy. " In another Tablet, He says: "Religion is a radiant light and an impregnable fortress that ensures the safety and well-being of the peoples of the world, for God-fearing induces man to adhere to the good and to reject all evil." Blink the light of religion, and chaos and distemper will set in, the radiance of justice, justice, tranquility and peace. "


2021 ◽  
pp. 109467052110188
Author(s):  
Joy Parkinson ◽  
Lisa Schuster ◽  
Rory Mulcahy

Unintended consequences of service are important yet infrequently examined in transformative service research. This research examines an online service community that transformed into an online third place, with consumers socializing and forming lasting relationships. Using practice-informed theory-building and an abductive reasoning approach, findings are presented from both manual and automated coding of three qualitative data sets that form the basis of a case study examining an online weight management service forum. Extending beyond current conceptualizations of the third place, this study is the first to propose a framework delineating online third place characteristics and their impact on consumers’ eudaimonic (the capacity for self-realization) and hedonic (attainment of pleasure and avoidance of pain) well-being. Findings show that in the absence of a physical or virtual servicescape, social factors including social density, equity, and personalization are key to constructing an online third place that supports well-being through building social connections and enjoyment. The new framework provides guidance for service managers to transform their online service communities into online third places to support consumer well-being and to identify and manage potential unintended consequences, for example, by ensuring segmentation of the community based on consumer groups’ shared interests and consumer empowerment through participation.


2021 ◽  
Vol 7 ◽  
pp. 233372142110029
Author(s):  
Eric S. Kim ◽  
Rifky Tkatch ◽  
David Martin ◽  
Stephanie MacLeod ◽  
Lewis Sandy ◽  
...  

Population aging is one of the most important social trends of the 21st century and in the United States, the number of people aged ≥65 is projected to increase by nearly 50% in the next 15 years. Most biomedical and public health efforts have focused on reducing harmful risk factors when targeting chronic disease—an approach that has contributed greatly to prevention and treatment programs. However, evidence suggests that the number of years lost to disability is increasing and historic gains we have made in life expectancy are eroding, and even reversing in some groups. As our society ages and grapples with these issues, expanding the focus to include resilience, as well as psychosocial assets in our prevention and treatment programs might help inform the multidisciplinary response effort we need. Here we synthesize research evaluating associations between different dimensions of psychological well-being (e.g., purpose in life, optimism, life satisfaction) and social well-being (e.g., structural, functional, quality) with chronic conditions. We also evaluate evidence around three biopsychosocial pathways hypothesized to underlie these associations. These factors are meaningful, measurable, and potentially modifiable; thus, further pursuing this line of inquiry might unveil innovative paths to enhancing the health of our rapidly aging society.


2006 ◽  
Vol 6 (6) ◽  
pp. 131-136 ◽  
Author(s):  
L. Xie ◽  
C. Shang

The need of disinfecting potable water to eliminate potential health risks associated with waterborne pathogens, however inevitably resulting in leaving elevated toxicity in water by forming disinfection by-products (DBPs) is being considered as one of the primary threats to human well-being. Bromate is a carcinogenic DBP mainly formed during ozonation of bromide-containing water. The current maximum contaminant level (MCL) of bromate in the US national primary drinking water standard is set at 10 μg/L. With continuous improvements in analytical instrumentation and removal technologies, a lower MCL for bromate is expected in the future. Current researches on bromate control strategies involve minimizing bromate formation (like ammonia addition) or removing bromate after formation (like carbon adsorption), however have their own limitations. Seeking for alternative bromate control strategies that can be used alone (or in combine with others) is of great value and in urgent need when water quality standards are getting more stringent. This paper reviews the occurrence of bromate in water supply and evaluates the effectiveness of bromate removal technologies applied, to advance our understanding of bromate fate and degradation in water supply system for future study.


2017 ◽  
Vol 71 (4) ◽  
pp. 827-850 ◽  
Author(s):  
Diana C. Mutz ◽  
Eunji Kim

AbstractUsing a population-based survey experiment, this study evaluates the role of in-group favoritism in influencing American attitudes toward international trade. By systematically altering which countries gain or lose from a given trade policy (Americans and/or people in trading partner countries), we vary the role that in-group favoritism should play in influencing preferences.Our results provide evidence of two distinct forms of in-group favoritism. The first, and least surprising, is that Americans value the well-being of other Americans more than that of people outside their own country. Rather than maximize total gains, Americans choose policies that maximize in-group well-being. This tendency is exacerbated by a sense of national superiority; Americans favor their national in-group to a greater extent if they perceive Americans to be more deserving.Second, high levels of perceived intergroup competition lead some Americans to prefer trade policies that benefit the in-group and hurt the out-group over policies that help both their own country and the trading partner country. For a policy to elicit support, it is important not only that the US benefits, but also that the trading partner country loses so that the US achieves a greater relative advantage. We discuss the implications of these findings for understanding bipartisan public opposition to trade.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zahid Irshad Younas ◽  
Mahvesh Khan ◽  
Mamdouh Abdulaziz Saleh Al-Faryan

Purpose The purpose of the study is to explore the misconception that in developed countries, macroeconomic performance lead to sustainable firms or improves stakeholder well-being. The results may be the opposite or even worse. Design/methodology/approach This study examined this misconception using balanced panel data from 1,122 firms from different sectors of the US economy and data on macroeconomic performance from the World Bank. Findings The results of the one-step generalised method of moments indicate that most macroeconomic performance indicators had significant and negative impacts on firm sustainability and stakeholder well-being. Practical implications From a societal perspective, the results illustrate that the fruits of macroeconomic performance of the US economy do not reach stakeholders through firms’ sustainability. Thus, linking the economy’s macroeconomic performance with firm sustainability is vital for sustainably uplifting society and for stakeholder well-being. Originality/value From a policy perspective, this study reveals that the greater focus on macroeconomic performance in the USA over the past decades has resulted in lower firm sustainability because of the malfunctioning of social, economic, environmental and governance factors. This has negatively influenced stakeholder well-being in the country.


2021 ◽  
pp. 089826432110421
Author(s):  
Laura Upenieks ◽  
Jeremy E. Uecker ◽  
Markus H. Schafer

Objectives: This article evaluates whether couples’ religious similarity is consequential for the health of older married men and women. Alternatively, we examine whether women’s religiosity alone is health-protective to their husbands . Methods: Using dyadic data from the US National Social Life, Health, and Aging Project, a representative sample of 913 individuals ages 62–91 plus their marital partners, we perform latent-class analysis to separate older couples into classes based on religious characteristics. Ordered logistic regression models are then used to assess whether different combinations of religious (dis)similarity are associated with married men and women’s well-being. Results: We find that older women in highly religious, homogamous marriages report better mental and physical health relative to women in heterogamous and secular (non-religious) marriages. No significant associations were observed for men. Discussion: Our results emphasize that religiosity is not only an individual trait—dis/similarities within a couple have important implications for older women’s well-being.


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