Therapeutic jurisprudence in the work of drug courts : origins, developments and perspectives for a new approach to the law

Abstract

The objective of this thesis is to present the theory of Therapeutic Jurisprudence -TJ-, as it has been developed by Professors David Wexler and Bruce Winick in the last twenty years. My interest in this “new” discipline originates in the study of the relationship between the individual before the court and the criminal system inside the punishment philosophy debate. In the first chapter, I will present the theoretical substrate of Therapeutic Jurisprudence backed by the works of Problem-Solving Courts, especially by that of Drug Courts, which is considered the best TJ theory's application so far. In the second chapter, I will focus on the main socio-legal interpretations that Therapeutic Jurisprudence and Drug Courts have received, trying to outline some of the main criticisms of the current debate on the issue. In the third chapter, I will look at two of the main tensions that Therapeutic Jurisprudence, through the work of Drug Courts, may create from a legal point of view.