Mainstreaming Therapeutic Jurisprudence in Family Law: The Israeli Child Protection Law as a Case Study

Abstract

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 antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families.

Pivoting in a Pandemic: Virtual Hearings, Vulnerable Witnesses and the Journey Toward a More Therapeutic Caribbean Court

“…At the core of the theory is the idea that all actions of a court can be classified as either therapeutic or anti-therapeutic and legal actors should aim for therapeutic processes and outcomes, once this does not interfere with other court values, such as fairness or due process (Wexler, 2008; Winick, 2009; Yamada, 2021). Its proponents have thus sought to explore the therapeutic effects of court processes on participants in a trial or hearing, as well as the scope for tailoring court procedures to increase or reduce any deleterious effects while preserving the core elements of a fair trial (Gal & Schilli-Jerichower, 2017; Schma, 2000; Winick, 2009).…”