A tool for measuring therapeutic jurisprudence values during empirical research

Kawałek, Anna

doi:10.1016/j.ijlp.2020.101581

Cited by 17 publications

(16 citation statements)

References 18 publications

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“…"When" can refer to either "under what circumstances" or "for whom". As an example, let us use Anna Kawalek's (2020) recent publication of a measurement tool for a judge's use of therapeutic jurisprudence. In her measure, one construct is called "harnessing therapeutic support".…”

Section: Mediation and Moderation: What Work Best For Whom Under What Circumstances?mentioning

confidence: 99%

“…Table 2 provides an example of a CMO hypothesis or proposition. We will use family drug court as an example and continue with our utilization of the therapeutic jurisprudence construct of the judge harnessing therapeutic support by listening, praising, and empathizing with court participants (Kawalek, 2020). Note that we would develop however many CMOs for one study that could be explored given available resources.…”

Section: Realist Evaluation: What Work Best For Whom Under What Circumstances and Why?mentioning

confidence: 99%

“…Next, measurement can be designed based on the CMO mechanisms within a therapeutic jurisprudence context, whether this takes the form of creating and validating standardized instruments specific to therapeutic jurisprudence processes as done by Kawalek (2020) or using available and relevant validated instruments such as procedural justice (Huo & Tyler, 2000). These measurement strategies can then be incorporated into mediation and moderation models, path analyses or structural equation models that can accommodate aspects of the more complex relationships we expect to see in CMO hypotheses, and in the interventions.…”

Section: A Realist Evaluation Approach In a Therapeutic Jurisprudence Contextmentioning

confidence: 99%

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If We Measure It, They Will Come: A Realist Evaluation Approach in a Therapeutic Jurisprudence Context

Petrucci¹

2021

Family Court Review

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Realist evaluation asks what works best for whom under what circumstances and why. Therapeutic jurisprudence seeks to explore how the therapeutic design and application of the law can support therapeutic and anti-therapeutic outcomes. This article presents a proposed evaluation framework utilizing realist evaluation in a therapeutic jurisprudence context for family court interventions. Three key topics that make up the framework are described: mediation and moderation to document what works best for whom under what circumstances, analytical strategies to achieve good enough measurement of relevant constructs in the theory, and context-mechanism-outcome pattern hypotheses and generative causation used in realist evaluation. Key PointsThe realist evaluation approach asks, "what works best for home under what circumstances and why" and is proposed as the foundation for meaningful evaluation of family court interventions.Therapeutic jurisprudence, with its emphasis on therapeutic application of the law, and how legal actors can impact therapeutic and anti-therapeutic outcomes, fits well within this realist evaluation framework, and can enrich how interventions are conceptualized and measured. Most family court interventions (and most interventions generally) involve complex interactions within varied con-texts that can impact their success or failure. The context-mechanism-outcome pattern hypotheses that are the foundation of realist evaluation incorporate this complexity and allow the important simultaneous measurement of process and outcome patterns. Mediation gets at "how" an intervention works, while moderation gets at "when" and "for whom". Building mediation and moderation variables into the context-mechanism-outcome hypotheses is a way to incorporate the complexity found in family court interventions and fits well within the realist evaluation approach.Measurements used in programs are never perfect but can be "good enough". Designing a "good enough" way to measure the key components of a family court intervention should be seen as a three to five year multi-study process, rather than one study at a time.The combined expertise of family court professionals and evaluation researchers is essential to designing and testing reliable, valid, and relevant ways to measure family court program mechanisms and outcomes that will ultimately be utilized in practice to measure the success of interventions, but also to identify when and for whom interventions need to be improved.

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Section: Mediation and Moderation: What Work Best For Whom Under What Circumstances?mentioning

confidence: 99%

Section: Realist Evaluation: What Work Best For Whom Under What Circumstances and Why?mentioning

confidence: 99%

Section: A Realist Evaluation Approach In a Therapeutic Jurisprudence Contextmentioning

confidence: 99%

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If We Measure It, They Will Come: A Realist Evaluation Approach in a Therapeutic Jurisprudence Context

Petrucci¹

2021

Family Court Review

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“…Although al-maṣlahah almursalah is a disputed law source, it is still valid evidence that goes in line with the Shari'ah objectives (Oprisan & Cristea, 2012;Panisoara & Serban, 2013;Onat & Beji, 2012). Scholars depended on this evidence in the division of the matrimonial property among the spouses which realizes benefits for the woman such as protecting her after separation from impoverishment, helping her to start a new life where she can raise her kids after husband's death or divorce and preventing injustice towards her if her husband has a second marriage (Kawalek, 2020;Mikhail, 2009). All in all, the division of the matrimonial property brings about the wife's interest and doesn't cause any harm to the spouses (Mohamed Shahed.…”

Section: Categories Of the Matrimonial Propertymentioning

confidence: 99%

Matrimonial property and legality of claiming it between fiqh and the laws of Malaysia, Morocco and Tunisia

Bosheya

2021

lingcure

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One of the most important goals of the marital relationship is the affection and compassion that drive spouses to cooperate together in earning their livelihood. When the marital relationship breaks down, each of the spouses would claim his/her share of the matrimonial property; such claim is different from the stipulated legal dues such as the inheritance and the alimony. The question is, what is the definition of the matrimonial property? Does this concept exist in the old Islamic jurisprudence? Is it legal to claim this money by one of the spouses or their heirs? And to what extent is the interest achieved or hardship avoided if the claimant is given his/her share? What is the position of the Malaysian Judiciary and its legal text on that issue? What is the stand of the official fatwa departments on this issue? What are the types of legal evidence cited by the different fatwas related to the matrimonial property? Moreover, are there countries other than Malaysia that have adopted this system?

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“…Undoubtedly, such rulings are specific to respective reality; otherwise, when the rulings conflict with the reality, it would be sort oblivion rather than sound jurisprudence. Naturally, all the inferences from the general evidence, including custom, consideration of the outcomes, blocking excuses, balancing between interests and evils, and the fulfillment of the objectives are contained in a relationship based on an understanding of reality, knowing that reality is the grounds in which rulings shall be embedded (Heffron & Talus, 2016;Kawalek, 2020).…”

Section: Definition Of Reality Jurisprudencementioning

confidence: 99%

Reality jurisprudence and its impact on legalizing matrimonial property

et al. 2021

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This research paper discusses the jurisprudence of reality and the reality of legalizing matrimonial property, along with expected familial problems upon application of matrimonial property. It concludes that it is prohibited to legalize or codify matrimonial property. The necessity of establishing research centers that follow the fatwa institutions or academies. It is no longer sufficient for understanding reality to follow up on social, historical, political, and possibly economic and medical studies subject to jurisprudence research. Rather, it has gone beyond that into the necessity of engaging realistic critical study.

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A tool for measuring therapeutic jurisprudence values during empirical research

Cited by 17 publications

References 18 publications

If We Measure It, They Will Come: A Realist Evaluation Approach in a Therapeutic Jurisprudence Context

If We Measure It, They Will Come: A Realist Evaluation Approach in a Therapeutic Jurisprudence Context

Matrimonial property and legality of claiming it between fiqh and the laws of Malaysia, Morocco and Tunisia

Reality jurisprudence and its impact on legalizing matrimonial property

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