PubMed Health⌕ Search

SEARCH · PubMed Health

Results for “Jurisprudence”

Explore indexed PubMed citations for clinical trials, systematic reviews and public health research. Read source abstracts and follow each citation to its original PubMed record.

Quote a phrase for an exact phrase match. Source license links do not imply unrestricted reuse.

At least 19 recordsLinked to original sources
PubMed2000

From therapeutic jurisprudence...to jurisprudent therapy.

For nearly a decade, "therapeutic jurisprudence" (TJ) has provided a theoretical framework within which legal rules, legal procedure, and legal roles are analyzed in terms of their therapeutic, neutral, or antitherapeutic effects. This article proposed "jurisprudent therapy" (JT), an extension of the TJ model, as a context for analyzing mental health science, mental health practice, and mental health roles in terms of their "jurisprudent," neutral, or "antijurisprudent" effects. The JT perspective neither supplants nor supersedes TJ; rather, it mirrors and augments an established process for interdisciplinary contrast, comparison, and integration. Just as an empathic and evolving legal system provides psychological benefits, so does a legally informed and juridically compatible progression of social science promote principles of justice and human freedom. Consideration of these two complementary models in tandem yields an array of brainstorming devices, to synergistic effect, with heuristic implications for teaching, research, and service delivery.

Criminal Psychology↗
PubMed2000

Therapeutic jurisprudence in the courts.

Therapeutic jurisprudence is an emerging field of law and social science inquiry that explores the role of the law in fostering therapeutic or antitherapeutic outcomes. This article considers the relationship between therapeutic jurisprudence and court performance goals, examines applications of therapeutic jurisprudence in court settings, discusses the steps involved in incorporating therapeutic jurisprudence principles into the work of courts, outlines the pros and cons associated with practicing therapeutic jurisprudence primarily in specialized courts, and offers suggestions for fostering continued experimentation by courts.

Cognitive Behavioral Therapy↗
PubMedDate not supplied

The critical perspective in psychological jurisprudence theoretical advances and epistemological assumptions.

The critical perspectives of psychological jurisprudence identified above, along with their corresponding epistemological assumptions, reflect a radical agenda for change at the law-psychology divide. Although not exhaustively reviewed, the individual theories represent different approaches by which structural reform can be enacted and citizen well-being can therefore be realized. Collectively, the critical perspectives and their attending presuppositions challenge conventional wisdom about prospects for transforming (i.e., humanizing) the legal apparatus. I submit that the future viability of the law-psychology movement, and its overall utility for society, considerably depends on its capacity to facilitate and secure such widespread change. By focusing on critical theoretical inquiry, this article makes painfully clear that much of what is wrong with the legal system, especially in its interactions with and interpretations of people, cannot be amended or solved through it. Indeed, as Roesch (1995) observed, "changes in the justice system will never be sufficient to create a just society, nor will within system changes by themselves ever have much of an impact on individuals who come into conflict with the law" (p. 3). I agree. Accordingly, it is time to move on and, where necessary, to look elsewhere for guidance. The radical agenda in psychological jurisprudence represents a provocative strategy, providing a meaningful basis for critique and a sustainable basis for reform. Both are integral to the call for justice embodied in the founding of the AP-LS decades ago. Realizing this challenge, however, remains an unfulfilled dream. Thus, the task that awaits is to apply the insights of critical psychological jurisprudence to relevant areas of research and policy. I submit that the academy can ill afford to dismiss this task. Indeed, in the final analysis, to do so would not only defer prospects for justice but would destroy its very possibility, especially for citizens disillusioned by the status quo and desperate for change that makes a difference.

Feminism↗
PubMed1999

Introduction to international perspectives on therapeutic jurisprudence

Therapeutic Jurisprudence (TJ), a concept first conceived by law professors David Wexler (University of Puerto Rico and University of Arizona) and Bruce Winick (University of Miami) only a little more than a decade ago, has emerged as the leading conceptual perspective in the mental health law field. Indeed, a LEXIS search reveals well over 150 articles on, or citing to, therapeutic jurisprudence in American law review publications in the past decade (terms used were "therapeutic w/5 jurisprudence w/25 Wexler or Winick"). Copyright 1999 John Wiley & Sons, Ltd.

Journal Article↗
PubMed2000

Rethinking deprivations of liberty: possible contributions from therapeutic and ecological jurisprudence.

In place of the police and parens patriae powers, this article proposes three distinct justifactory models for government-sponsored deprivations of liberty. The punishment model authorizes deprivation of liberty as a sanction for blameworthy behavior. The prevention model authorizes deprivation of liberty to prevent harm, either through deterrence or restraint. The protection model authorizes liberty deprivation to ensure autonomous decisionmaking. The article compares these models to the purposes traditionally advanced as justification for punishment, and explores their strengths and weaknesses. Using therapeutic jurisprudence and ecological jurisprudence as organizing frameworks, it then describes a range of empirical issues raised by each of the models.

Commitment of Persons with Psychiatric Disorders↗
PubMed2001

[Attitudes of students of medicine, sociology and jurisprudence towards autopsy].

UNLABELLED: Attitudes of students of medicine, sociology and jurisprudence towards autopsy. SUBJECT: The autopsy is an important instrument of quality control in medicine. Nevertheless, we observe a dramatic decrease of post-mortem examinations. Because physicians take a important role as mediators, we tried to examine the attitudes of medical students towards autopsy and possible differences to students of other faculties. PROBANDS AND METHODS: Data of medical students (n = 335), students of jurisprudence (n = 95), and of sociology (n = 26) at Leipzig University were collected with the help of a specially elaborated questionnaire >>Post-mortem Examination<< (Fragebogen zur Sektion, FBZS), and two questionnaires >>Death and Dying<< (Fragebogen zu Tod und Sterben, FIMEST) and >>Personality<< (Persönlichkeitsfragebogen, Giessen-Test). RESULTS: Referring to the attitudes towards post-mortem examination there is only a slight difference between students of the above-mentioned faculties. Even preclinical students showed no difference with their attitudes towards autopsy compared to the students of other faculties and they showed lack of knowledge and ethical doubts towards autopsy. CONCLUSION: Due to the significant lack of knowledge of the medical students of the University of Leipzig it seems questionable, if they will be able to convince relatives to give consent to an autopsy in later activity as physicians. More instructional work during study and further medical education should be done.

Attitude to Death↗
PubMed2004

[No improvement of disciplinary jurisprudence since the implementation of the Individual Health Care Professions Act (IHCP Act)].

OBJECTIVE: To compare the number and nature of the complaints, the complainants, the accused health professionals and the sanctions imposed by the disciplinary boards before and after the Individual Health Care Professions Act (IHCP Act) came into effect at the end of 1997. DESIGN: Descriptive, retrospective. METHOD: The authors examined all 4980 verdicts pronounced by the disciplinary boards in the first instance during the period 1995-1997 (before the IHCP Act) and then during the period 1999-2001 (after the IHCP Act), together with the resulting appeal procedures involving physicians, dentists, pharmacists and midwives. The following were noted: the year of the verdict, the number and nature of the complaints, the types of complainants, the categories of professionals accused, the nature of the verdicts, and the number of appeal procedures. RESULTS: During the first period, 2453 complaints were brought before the disciplinary board, compared to 2527 during the second period. Most of the complaints were made against physicians (92% in both periods). The number of complaints that were declared to be justified fell from 19% to 15% (p < 0.001). In both periods, approximately half of the complaints concerned 'lack of care or inadequate care' or 'incorrect treatment', the most frequent verdict was a warning (67% and 72%, respectively), and appeals were lodged against almost one-third of the verdicts. The number of complaints submitted by the Inspectorate for Health Care decreased from 47 to 19. CONCLUSION: In any important aspects, the IHCP Act did not lead to improvement in the disciplinary jurisprudence. The decrease in the number of complaints that were declared to be justified could be explained by the change in composition of the disciplinary boards prescribed by the IHCP Act (more lawyers and less fellow professionals). Informing citizens about disciplinary jurisprudence and other procedures for lodging complaints may increase the number of justified complaints and hence the number of 'justified' verdicts. There is a need for further clarification of the tasks and responsibility of the Inspectorate for Health Care in case of complaints to the disciplinary boards.

Humans↗
PubMed2003

The past, present and future of mental health law: a therapeutic jurisprudence analysis.

This article uses a therapeutic jurisprudence perspective to review the evolution of mental health law in the Western world by examining developments at various stages in history, in particular the 20th century. It suggests that one of the major challenges for the future, from a therapeutic jurisprudence perspective, will be to help minimise the stigma, prejudice and discrimination associated with mental health law. The article concludes with the suggestion that the question of whether mental health law itself, because it contributes to discrimination against mentally disordered people, may be anti-therapeutic requires more investigation and consideration.

Coercion↗
PubMed1990

Ethics, jurisprudence, and economics in the medical school curriculum.

Medical ethics, medical jurisprudence, and medical economics are recognized as important components of a medical school curriculum. These subjects were introduced through a course given at the University of California, Davis, School of Medicine. Four aspects of the format and content of the course were instrumental to its success. Teaching principles of medical ethics within the context of jurisprudence and economics permitted the students to gain an understanding of the institutions and processes that act as positive and negative constraints on physicians' clinical and professional behavior. The course was offered during the fourth year following required clinical rotations so that all aspects of the course could be based on the clinical experiences of the students. It was presented in a continuing medical education format away from the normal teaching environment of first- and second-year classrooms and third-year clerkships. Finally, the course was designed by a multidisciplinary, multidepartmental planning group that included students.

Bioethical Issues↗
PubMed1986

[The French physician and judge confronting the transsexual in 1986. I. The position of French and foreign jurisprudence].

The authors have searched through French and western jurisprudence about transsexualism. Thanks to their experience of how judges and magistrates have reacted they have been able to analyse the evolution of attitudes and the present-day attitudes to the subject and how the condition should be treated and viewed by the law. There are only a relatively few numbers who wish to change sex but these are estimated at 1 in 50,000 to 1 in 100,000 according to different statistics. The proportion of males who want to change is 3 times greater than of females. The fact that transsexualism is a phenomenon much more often found in North America, in North Europe and in the West, and almost not at all in the third world or in socialist countries, or in the Mediterranean basin, makes one think that this is a syndrome connected with a legal attitude that allows people to dispose of their bodies in the way they wish. This in turn derives from the European Convention of the Rights of man as against those found in the legislation of individual nations in the community. The French legal system is justified in being cautious, seeing how hesitant lawyers are and how extremely prudent the French medical corps is. The reserve of jurisprudence in the U.S.A. and Canada (with the exception of two provinces) and a certain hesitation about the indications for medical treatment to convert from one sex to the other voiced by the principal pioneers of such treatment in the U.S.A. together with the absence of specific laws which cover surgical treatment and the change in the legal state (with the exception of Sweden and the Federal Republic of Germany) is to be taken along with the check that Italian law has placed on the operation recently, in 1982. As far as French law is concerned, Mme M.L. Rassat has carried out a recent and very pertinent study which makes it possible to analyse the attitude of magistrates, which until 1975 was basically very restrictive as far as demands for change in civil sex was concerned. Recently, however, they have become laxer but the Appeal Court strictly refuse to recognise the idea of psychological or psychosocial sex.(ABSTRACT TRUNCATED AT 400 WORDS)

Europe↗
PubMed1987

Medical jurisprudence in the local context.

Medical jurisprudence in the local context would require the examination of a wide area. This paper focuses on liability producing conduct arising from the providing of medical services, other than liability for criminal negligent conduct. It examines the circumstances in which the physician-patient relationship emerges, in medical jurisprudence as against practice by medical practitioners. Tort law is the dominant legal theory, and reference is made to some intentional and miscellaneous torts. Implied contracts creating the relationship are touched upon, besides the reference to vicarious liability. Insanity and diminished responsibility in the criminal law, particularly the issue of whether the status quo is satisfactory and reliance on medical reports for purposes of treatment under drug laws are examined. Where abortion is performed, the question whether the husband has any right to prevent his wife from having a lawful abortion is discussed in the local context. Some thoughts on the medical (therapy, education and research) Act 1972 are expressed in relation to the living body, the corpse and the parts of the human body. The patient's right to determination and information in the light of the above legislation is also discussed.

Abortion, Illegal↗
PubMed1999

Therapeutic jurisprudence and the resolution of value conflicts: what we can realistically expect, in practice, from theory.

This article assesses the criticisms of therapeutic jurisprudence that it cannot resolve value conflicts, especially between autonomy rights and therapeutic values, or, less radically, that it has not provided a general method for resolving conflicts. Grounded in general jurisprudential principles about conflict resolution, including novel developments respecting the meaning of weighing and balancing, the article rejects the criticisms as unfounded. The article also develops and critiques arguments maintaining that therapeutic jurisprudence cannot resolve certain value conflicts because the values are incommensurable. The argument is illustrated by examples concerning the right to refuse treatment, and jurisprudential analyses of that right.

Conflict, Psychological↗
PubMed1999

State of the nation: therapeutic jurisprudence and the evolution of the right of self-determination in international law.

This article expands the scope of the therapeutic jurisprudence enterprise and applies the concept at a collective global level. The right of self-determination, arguably the most important and certainly the most controversial part of international law, is examined through the lens of therapeutic jurisprudence. By detailing the manner in which nations move towards their goal of statehood, this article opens up dialogue about collective healing, shared memory and alternative approaches to autonomy. The article poses the question of whether groups of people can share in common delusions, forms of folie a gens.

Freedom↗
PubMed2003

Social work and the law: a therapeutic jurisprudence perspective.

Social workers in all practice areas are affected by interactions with the law and legal systems. Unfortunately, the profession has paid inadequate attention to education, scholarship, and practice in legal environments. This article introduces a new perspective for examining social work and the law called "therapeutic jurisprudence," which emanates from psychology/mental health law. Therapeutic jurisprudence focuses on the therapeutic and antitherapeutic consequences of laws, legal rules, and legal actions. It provides a framework for assessing legal issues, applying social science research to legal questions, and structuring interventions in the legal environment. The authors argue that this perspective has the potential to serve as a lens through which social workers can view the law and, ultimately, use the knowledge gained to achieve better outcomes for clients.

Consumer Advocacy↗
PubMed2004

Therapeutic jurisprudence and sex offenders: a psycho-legal approach to protection.

Societal response to sex offenders is marked by uncertainty about whether punishment or treatment should occur. The distinction between punishment, prevention, and protection is useful to determine how best to assess, treat, and manage sex offenders within the criminal justice system. Once convicted, both law and psychology are concerned with sex offenders changing their behavior in order to protect the community. Therapeutic jurisprudence is a legal theory that aims to maximize therapeutic effects of the law and minimize anti-therapeutic consequences of the law. Therapeutic jurisprudence provides a framework to combine legal and psychological processes to balance prevention and protection. Legal and correctional practitioners can work together to address both community protection and offender protection concerns.

Community Mental Health Services↗
PubMed1999

Stranger in a strange land: the use of overbreadth in abortion jurisprudence.

Plaintiffs seeking to avoid prosecution under an allegedly unconstitutional statute can ask a court to do one of two things: award facial relief, in which case any enforcement of the offending statutory provision is enjoined, or award as-applied relief, in which case enforcement of the provision against the plaintiff is enjoined, but officials may attempt to apply the statute to others. As-applied relief might also take the form of partial facial invalidation: The provision may not be applied to others similarly situated to the plaintiff. In United States v. Salerno, the Court ruled that judges should only provide total facial invalidation if there is "no set of circumstances" under which the statute could be applied consistent with the Constitution. This general rule, however, has had a historical exception for First Amendment jurisprudence, known as the overbreadth doctrine, and more recently Planned Parenthood v. Casey extended a similar exception to abortion jurisprudence. Most literature has been supportive of this extension, and some have suggested replacing the Salerno rule with the Casey rule as a general matter. This Note argues that the reasons given for the Casey exception are unpersuasive, that Salerno as a matter of history and doctrine is the correct rule to apply to facial challenges, and for that reason that Salerno should remain the general rule and Casey's "large fraction" test should be eliminated.

Abortion, Legal↗
PubMed1996

Professional responsibility in elder law: a synthesis of preventive law and therapeutic jurisprudence.

This article focuses on the professional responsibilities that a lawyer owes to older clients. Specifically, this article proposes that when working with older clients, lawyers have a responsibility to ensure that their clients have the capacity to manage their own affairs and to ensure their clients' legal, financial, and personal interests are protected in case of sudden future incapacity. Furthermore, a lawyer working with older clients has a responsibility to remain cognizant of the realities of ageing without giving in to the falsities of senior citizen stereotypes. Through an integration of Therapeutic Jurisprudence and Preventive Law, a proactive, client-centered, four-stage framework for advancing therapeutic goals through preventive lawyering is developed. The framework is then applied to a model lawyer/client interaction typical of elder practice. The advantages and limitations of the four-stage framework are discussed.

Aged↗