Below are some lists of reading materials and links you may find useful, as you research the various disciplines making up the "comprehensive law movement" -- law as a healing profession:
The nine main comprehensive disciplines are:
Therapeutic Jurisprudence ("TJ")
Preventive Law ("PL")
Procedural Justice ("PJ")
Holistic Justice or Law ("HJ")
Creative Problem Solving ("CPS")
Collaborative Law ("CL")
Transformative Mediation ("TM")
Restorative Justice ("RJ")
Problem Solving Courts or Processes ("PSCs")
collaborative law - is a nonlitigative, collaborative process employed mainly in divorce law, where the spouses and their respective attorneys resolve the issues outside of court in a series of conferencdes. No litigation is usually instituted until settlement is reached and the attorneys are forbidden from representing their clients in court should the agreement process break down.
restorative justice - refers to a movement apparently employed most often in
procedural justice - refers to social scientist Tom Tyler's empirical findings that, in judicial process, litigants' satisfaction depends more on being treated with respect and dignity, being heard, having an opportunity to speak and participate, and how trustworthy the authorities appear/behave, than they do about the actual outcome (e.g, winning vs. losing) of the legal matter.
transformative mediation - as described in Bush and Folger's book, The Promise of Mediation. In this process, the procedure and the players are dynamic. The parties are moved towards two goals, that of recognition of the other and that of empowerment of self through enhanced moral growth. It may also foster one’s ability to relate to others. It does not focus on resolution of one dispute but instead focused on the process of resolution.
therapeutic jurisprudence - focuses on the therapeutic or countertherapeutic consequences of the law and legal procedures on the individuals involved, including the clients, their families, friends, lawyers, judges, and community. It attempts to reform law and legal processes in order to promote the psychological well-being of the people they affect. From its website: "Therapeutic Jurisprudence concentrates on the law's impact on emotional life and psychological well-being. It is a perspective that regards the law (rules of law, legal procedures, and roles of legal actors) itself as a social force that often produces therapeutic or anti-therapeutic consequences. It does not suggest that therapeutic concerns are more important than other consequences or factors, but it does suggest that the law's role as a potential therapeutic agent should be recognized and systematically studied."
preventive law - explicitly seeks to intervene in legal matters before disputes arise and advocates proactive intervention to head off litigation and other conflicts. It emphasizes the lawyer-client relationship, relationships in general, and planning and is a long-standing, harm-averse movement.
holistic law - "acknowledge[s] the need for a humane legal process with the highest level of satisfaction for all participants; honor[s] and respect[s] the dignity and integrity of each individual; promote[s] peaceful advocacy and holistic legal principles; value[s] responsibility, connection and inclusion; encourage[s] compassion, reconciliation, forgiveness and healing; practice[s] deep listening, understand[s] and recognize[s] the importance of voice; contributes[s[ to peace building at all levels of society; recognize[s] the opportunity in conflict; draw[s] upon ancient intuitive wisdom of diverse cultures and traditions; and [encourages the lawyer to] enjoy the practice of law" (from the website of the International Alliance of Holistic Lawyers). It is explicitly interdisciplinary, allows the lawyer to incorporate his or her own morals and values into client representation, seeks to "do the right thing" for the lawyer, clients, and others involved, and seeks to find solutions to legal matters in a broader, more holistic approach than is traditionally associated with lawyers, like holistic medicine.
creative problemsolving - is associated with an the
problem solving courts – refers to the rapid rise of specialized, interdisciplinary, therapeutic-jurisprudence courts such as drug treatment courts, mental health courts, unified family courts, domestic violence courts, and the 2000 joint resolution of the Conference of Chief Justices and the Conference of State Court Administrators explicitly encouraging the development of “problem solving courts.”
Comprehensive Law Movement:
Susan Daicoff, Afterword: The Role of Therapeutic Jurisprudence Within the Comprehensive Law Movement, in Dennis P. Stolle, David B. Wexler, & Bruce J. Winick, eds., Practicing Therapeutic Jurisprudence (Carolina Academic Press, 2000). This book contains articles by various authors on how to practice law therapeutically in criminal law, family law, client interviewing and counseling, and other areas of the law. The final chapter discusses the comprehensive law movement.
Lawyer Distress and Personality (last chapter on the Comprehensive Law Movement):
Legal Profession Generally and New Forms of Law Practice:
Steven Keeva, Transforming Practices: Finding Joy and Satisfaction in the Legal Life (Contemporary Books 1999). This ground-breaking book details how the practice of law can be transformed into a more satisfying, helping, healing profession.
Daniel Bowling & David Hoffman, Eds., Bringing Peace Into the Room: How the Personal Qualities of the Mediator Impact the Process of Conflict Resolution (Jossey-Bass, 2003). This book challenges mediators to learn to be peace builders in the mediation process.
Barbara Ashley Phillips, The Mediation Field Guide: Transcending Litigation and Resolving Conflicts in Your Business or Organization (Jossey-Bass 2001). This book covers changes in the area of mediation towards a more holistic practice.
David B. Wexler, Therapeutic Jurisprudence: The Law as a Therapeutic Agent (Carolina Academic Press 1990). This book introduced the concept of “therapeutic jurisprudence.”
David B. Wexler & Bruce J. Winick, Essays in Therapeutic Jurisprudence (Carolina Academic Press 1991). This is a collection of essays on how therapeutic jurisprudence can be applied in a variety of areas of the law.
David B. Wexler & Bruce J. Winick, Law in a Therapeutic Key: Developments in Therapeutic Jurisprudence (Carolina Academic Press 1996). This collection of essays adds to the 1991 collection and extends the application of therapeutic jurisprudence to new areas, such as employment law.
Dennis P. Stolle, David B. Wexler, & Bruce J. Winick, Eds., Practicing Therapeutic Jurisprudence: Law as a Helping Profession (Carolina Academic Press, 2000). This book is intended for practicing lawyers as a guide for how to practice law therapeutically.
Stuart G. Webb & Ronald D. Ousky, How the Collaborative Divorce Method Offers Less Stress, Lower Cost, and Happier Kids Without Going to Court: The Smart Divorce (Hudson Street Press, 2006). This book is co-authored by the founder of collaborative law and is primarily intended to speak to potential clients of collaborative lawyers.
Pauline H. Tesler, Collaborative Law: Achieving Effective Resolution in Divorce Without Litigation (American Bar Association 2001). This book is authored by a pioneer and trainer in the collaborative law field, speaking primarily to lawyers who wish to become collaborative lawyers.
Robert A. Baruch Bush & Joseph P. Folger, The Promise of Mediation (Jossey-Bass Publishers 1994) THIS HAS A NEW EDITION – WE NEED TO CITE THE NEW ONE!!. This book is the primary resource for understanding transformative mediation, written for mediators. It is now in its second edition.
Robert M. Hardaway, Preventive Law: Materials on a Non Adversarial Legal Process (Anderson Publishing Co. 1997). This book is a revision and update of preventive law founder Louis Brown’s classic textbook on preventive law.
Spirituality and Law:
David Hall, The Spiritual Revitalization of the Legal Profession: A Search for Sacred Rivers (Edwin Mellen Press, 2005). This book, written by law dean and university president David Hall, examines the need for a spiritual base in the practice of law.
Organizations and Websites
Therapeutic Jurisprudence: International Network on Therapeutic Jurisprudence -- http://www.therapeuticjurisprudence.org;
Holistic Justice: International Allliance of Holistic Lawyers -- http://iahl.org
Creative Problem Solving: McGill Center for Creative Problem Solving at California Western School of Law, San Diego, California -- http://www.cwsl.edu/main/default.asp?nav=creative_problem_solving.asp&body=creative_problem_solving/home.asp
Collaborative Law: International Academy of Collaborative Professionals’ website is:
Some sample regional websites are:
Preventive Law: The Louis Brown Center for Preventive Law -- http://www.preventivelawyer.org/main/default.asp
Problem Solving Courts: Center for Court Innovation -- http://www.courtinnovation.org/index.cfm?fuseaction=page.viewPage&pageID=4
Restorative Justice: http://cehd.umn.edu/ssw/rjp/
Cutting Edge Law: http://cuttingedgelaw.com
Renaissance Lawyer Organization: http://www.renaissancelawyer.com/
Steven Keeva’s website: http://transformingpractices.com/
Daicoff’s article on the Comprehensive Law Movement: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=875449#PaperDownload
Humanizing Legal Education website: http://www.law.fsu.edu/academic_programs/humanizing_lawschool/humanizing_lawschool.html
Law student listserve: firstname.lastname@example.org
© Susan Daicoff, 2009.