Michael King's blog

This is my first blog for the year. It is summer Downunder and I enjoyed a nice holiday. But that is a fading memory and the reality of work has returned. And so has the need to keep up with my blog entries. In coming entries I plan to review some of the latest publications relating to therapeutic jurisprudence. Here is my first effort:

As some of the contributors to different vectors of the comprehensive law movement or non-adversarial justice – such as Peggy Hora, David Wexler, Bruce Winick and Victorian Deputy Chief Magistrate Jelena Popovic have observed – judging in a problem-solving court is significantly different from conventional judging. It is little wonder that mainstream legal education, legal practice and judicial education have hitherto largely not properly prepared judicial officers for this form of judging.

Monash Law Faculty has just had the pleasure of hosting a visit by Peggy Fulton Hora to Melbourne. It is not the best time of the year to be in Melbourne – it is winter and we sent her off last night with the wind building pace and a huge storm imminent. Being originally from Perth, I shall be glad when the cold weather comes to an end.

A key criticism of legal education made by a number of non-adversarial justice or comprehensive law approaches – including therapeutic jurisprudence, creative problem solving and holistic law – is its focus on the case method as the pre-eminent approach to legal problem solving. Typically these cases are the most adversarial – those that the parties and their lawyers have not been able to resolve without an adversarial trial and often an appeal or two.

I am starting this blog entry in the beautiful courtyard entry to the New York University Law School. The sound of flowing water, the fresh green of the trees and the fine architecture make it a tranquil place to write. And it is nice and warm---a great break from the cold Melbourne winter! It is the last day of the International Congress of Law and Mental Health. There have been streams of exciting papers on therapeutic jurisprudence all week.

A common question asked in relation to therapeutic jurisprudence is whether it has any application to commercial areas of the law such as corporate law and taxation. Therapeutic jurisprudence purports to apply to the whole range of the law, legal processes and legal actors in the diverse social contexts in which they operate. TJ sees them as potentially affecting the wellbeing of those who come into contact with them.

One of the fascinating aspects of the growth of therapeutic jurisprudence is how it is taking root in diverse nations around the world. It is being adapted to the needs of the local people, culture and legal system. It seems readily adaptable to both common law and civil law systems.

Welcome to our blog on therapeutic jurisprudence (TJ). Though written from Downunder – you may note the Australian English spellings and usage!!! – we aim to provide an international perspective on what has become an exciting collective international endeavour.