The Experts below are selected from a list of 147945 Experts worldwide ranked by ideXlab platform
Brian Z. Tamanaha - One of the best experts on this subject based on the ideXlab platform.
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Sociological Jurisprudence Past and Present
Law & Social Inquiry, 2019Co-Authors: Brian Z. TamanahaAbstract:Through the mid-twentieth century, jurisprudents considered sociological Jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence: Juristic Thought and Social Inquiry (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. The topics covered in this essay are the circumstances surrounding the origin of sociological Jurisprudence, the tenets of sociological Jurisprudence, the successes of sociological Jurisprudence, its relationship with sociology of law, its relationship with legal realism, its place in contemporary Jurisprudence, and finally, the need to keep Jurisprudence open.
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Sociological Jurisprudence Past and Present
2019Co-Authors: Brian Z. TamanahaAbstract:Through the mid-twentieth century, jurisprudents considered sociological Jurisprudence to be one of the most influential theories of law in the United States. By end of the century, however, it had virtually disappeared. The publication of Roger Cotterrell’s Sociological Jurisprudence (2018) provides an occasion to examine what this theory of law was about, why it disappeared, and its prospects for revival. The topics covered are the circumstances surrounding the origin of sociological Jurisprudence, the tenets of sociological Jurisprudence, the successes of sociological Jurisprudence, its relationship with sociology of law, its relationship with legal realism, its place in contemporary Jurisprudence, and finally, the need to keep Jurisprudence open.
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How History Bears on Jurisprudence
2016Co-Authors: Brian Z. TamanahaAbstract:The relevance of history to Jurisprudence is a burning topic of late, the focus of a forthcoming book, Law in Theory and Jurisprudence, as well as of a recent symposium issue in the Virginia Law Review, “Jurisprudence and (Its) History,” both with contributions from eminent historians and theorists. That Jurisprudence neglects history to its impoverishment is the thrust of these collections. The editors for the Virginia symposium write, “there may be reason to think that turning to history could broaden the boundaries, and raise the ambitions, of a [jurisprudential] field that many lawyers, judges, and even legal scholars have written off as esoteric and dominated by concerns remote from their own.” This essay, the Afterword to the former volume, examines how history bears on Jurisprudence. The presentation is organized around the following themes that emerge from the collection: Law is historical or temporal; Law and Jurisprudence interact over time; Jurisprudence is influenced by social-historical circumstances; Historical Jurisprudence; Must legal philosophy be historical? (No); Should legal philosophy be historical? (Yes).
Bruce J. Winick - One of the best experts on this subject based on the ideXlab platform.
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The Jurisprudence of therapeutic Jurisprudence.
Psychology Public Policy and Law, 1997Co-Authors: Bruce J. WinickAbstract:In less than a decade, therapeutic Jurisprudence, which began as a scholarly approach to mental health law, has emerged as a mental health approach to law generally. In this essay, one of the founders of this new field offers a further elaboration of the theory of therapeutic Jurisprudence and a response to the key issues raised by commentators and critics. This essay discusses the relationship between therapeutic Jurisprudence and other schools of Jurisprudence and analyzes the approach's normative focus and its limits. It also addresses how “therapeutic” should be defined, whether the approach is paternalistic, whether the limits of social science methodology doom the enterprise, how therapeutic and other potentially conflicting values can be reconciled, and how the law should respond when such conflicts persist. Finally, the essay charts the path of therapeutic Jurisprudence and analyzes new developments in the field.
Christophe Lachièze - One of the best experts on this subject based on the ideXlab platform.
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Activités touristiques - Hébergement - Panorama de Jurisprudence
Juristourisme, 2014Co-Authors: Christophe LachièzeAbstract:Après un tour d'horizon de la Jurisprudence sur les agents de voyages au mois de septembre puis un exposé de la Jurisprudence sur les transporteurs de personnes en janvier dernier, voici une rétrospective de la Jurisprudence sur les hébergeurs.
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Activités touristiques - Hébergeurs - Panorama de Jurisprudence
Juristourisme, 2013Co-Authors: Christophe LachièzeAbstract:Le droit du tourisme continue d'alimenter les prétoires. Après un tour d'horizon de la Jurisprudence sur les agents de voyages au mois de septembre puis un exposé de la Jurisprudence sur les transporteurs de personnes au mois de janvier, voici un panorama de la Jurisprudence sur les hébergeurs.
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Activités touristiques - Hébergements touristiques - Panorama de Jurisprudence
Juristourisme, 2012Co-Authors: Christophe LachièzeAbstract:Le droit du tourisme continue d'alimenter les prétoires. Après un tour d'horizon de la Jurisprudence sur les transporteurs en septembre 2011 puis un exposé de la Jurisprudence sur les agents de voyages en janvier dernier, voici un panorama de la Jurisprudence sur les hébergeurs.
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Activités touristiques - Transports - Panorama de Jurisprudence
Juristourisme, 2012Co-Authors: Christophe LachièzeAbstract:Le droit du tourisme continue d'alimenter les prétoires. Après un tour d'horizon, au mois de septembre, de la Jurisprudence sur les agents de voyages, voici un panorama de Jurisprudence sur les transporteurs.
Brianna Chesser - One of the best experts on this subject based on the ideXlab platform.
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Therapeutic Jurisprudence
Criminology, 2016Co-Authors: Brianna ChesserAbstract:Therapeutic Jurisprudence is an interdisciplinary method of legal scholarship that aims to reform the law in order to positively impact the psychological well-being of the accused person. In 1990, law professors David Wexler and Bruce Winick coined the term “therapeutic Jurisprudence” to acknowledge the sociopsychological consequences of any legal action and that these consequences can be impacted by the interpretation of substantive legal rules and procedures. Therapeutic Jurisprudence: The Law as a Therapeutic Agent by David Wexler (Wexler 1990, cited under General Overviews) asserts that the law is capable of operating as a therapeutic agent. In essence, therapeutic Jurisprudence examines the extent to which substantive rules, legal procedures, the roles of court personnel such as lawyers, judges, and court administrators combine to produce therapeutic or nontherapeutic consequences, by taking a non-adversarial approach to the administration of justice. The key stakeholders in court proceedings combine their efforts to create a strategy that will assist the offender to take responsibility for making positive changes in their own lives. The use of this approach is becoming more widespread, and principles of therapeutic Jurisprudence have also been discussed in light of family law, employment law, torts, and in personal injury law. Although therapeutic Jurisprudence has been largely well received, some academics and practitioners have questioned its unfettered implementation. The therapeutic jurisprudential approach argues that any anti-therapeutic consequence of a legal decision should be avoided and where possible, a holistic solution should be found that addresses the behavioral, emotional, psychological, or situational issues of the accused person. However, the use of this approach should not impinge on the operation of the court nor interfere with the administration of justice. Although therapeutic Jurisprudence has been largely well received, some academics and practitioners have questioned its unfettered implementation. The rapid dissemination of therapeutic Jurisprudence without the accompanying evaluative research has led to varying opinions of the effectiveness of this problem-solving model within the courts and has led some commentators to misinterpret this approach by labeling it paternalistic and coercive. The therapeutic jurisprudential approach is aligned closely with the subsequent development of the mental health court and is also relied heavily upon in other problem-solving court models including drug and other specialist courts.
Christopher Slobogin - One of the best experts on this subject based on the ideXlab platform.
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Therapeutic Jurisprudence: Five Dilemmas to Ponder
Psychology Public Policy and Law, 1995Co-Authors: Christopher SloboginAbstract:This article identifies and examines 5 conundrums confronting therapeutic Jurisprudence. Is therapeutic Jurisprudence distinguishable from other Jurisprudences that share its goal of using the law to improve the well-being of others (the identity dilemma)? Can the term therapeutic be defined in a meaningful way (the definitional dilemma)? Will the vagaries of empirical research, on which therapeutic Jurisprudence heavily relies, doom its proposals (the dilemma of empirical indeterminacy)? How will a therapeutic Jurisprudence proposal that benefits only a subgroup of those it affects be implemented (the rule of law dilemma)? When and how should a therapeutic Jurisprudence proposal be balanced against countervailing constitutional and social policies (the balancing dilemma)?
