Thomas Jefferson Law Review, Vol. 30, p. 463, 2008
EVELYN HAYDEE CRUZ, Arizona State
University - College of Law
Email: [email protected]
In
recent years, several clinicians have written about infusing Therapeutic
Jurisprudence into their courses. Therapeutic Jurisprudence is the use of
behavioral sciences to study the emotional effects of the law on legal
participants and the development of approaches to minimize the negative effects
of the law on the individuals. This article reflects on why the time is ripe to
cross-pollinate and points to some clinical practices that could benefit from a
pedagogical development that incorporates Therapeutic Jurisprudence.
This article describes the development of client-centered interviewing and the
use of narrative in clinical education to illustrate three points. First, use
of these tools demonstrates that clinical theory welcomes and develops by
embracing ideas from other disciplines. Second, in discussing the evolution of
clinical theory, similarities to Therapeutic Jurisprudence concepts become
apparent to Therapeutic Jurisprudence scholars. Third, Therapeutic
Jurisprudence has been the subtext and not the primary force behind
experimental theories. Hence, the therapeutic benefits of client-centered
representation and narrative were generally unaddressed until the turn of the
century when clinicians grew more comfortable with reconnecting empathy and
holistic representation to practical legal training. In addition, clinicians
have begun to focus on the importance of the attorney's psychological well
being in the client-attorney relationship, creating yet another opportunity for
collaboration between Therapeutic Jurisprudence and clinical education.
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