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Mainstreaming Therapeutic Jurisprudence in Family Law

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Abstrak

This Article considers the contribution of Therapeutic Jurisprudence (TJ) to the theoretical ‎development and practical advancement of reforms in child care law. It does so by presenting ‎three dilemmas arising from The Israeli Youth Law (Care and Supervision) - 1960 relating to its ‎substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the ‎law on litigants in order to advance rules and practices that have therapeutic effects and to ‎minimize the use of rules and practices that have anti-therapeutic ones. Following the TJ ‎methodology, we integrate psycho-social findings into the legal discussion. We also follow ‎Wexler's metaphoric framework portraying legal rules and structures as “bottles,” practices and ‎behaviors as “wine,” and social science knowledge as “vineyards” from which TJ-oriented ‎‎“wine” can be made. We propose some therapeutic “wine,” as well as legal reform to make the ‎child protection “bottle” more “TJ-friendly” for children and families.‎

Kata kunci

Family Law Jurisprudence

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Versi dan riwayat publik

  1. Versi 1Mainstreaming Therapeutic Jurisprudence in Family Law2023 · oai:ais:library-item:36742

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