Abstract

Until recently there has been no general theory concerning the impact of legal processes upon participant wellbeing and its implications for attaining justice system objectives. This gap has been filled by therapeutic jurisprudence. Its essential premise is that the law does have therapeutic or anti-therapeutic consequences. This paper uses existing research to explore how the tools of the behavioral sciences, e.g. psychology, can be used to study the therapeutic and anti-therapeutic impact of the law, and that we can think creatively about improving the law’s healing potential without violating other important values. By claiming that justice is therapy, the therapeutic jurisprudence perspective reaches beyond how to design and operate a court into a larger question of how law clients should be treated by the justice system.