12.3k views
1 vote
More recently these specialized courts have been said to rely on therapeutic jurisprudence____

1 Answer

5 votes

Final answer:

Specialized courts are increasingly relying on therapeutic jurisprudence, which emphasizes the well-being of participants in legal proceedings. This reflects a broader trend towards rehabilitative and constructive outcomes in the legal system. The approach aligns with changes in societal values and local legal practices, aiming to improve both individual and collective well-being.

Step-by-step explanation:

Therapeutic Jurisprudence in Specialized Courts:

More recently, specialized courts such as those handling cases for veterans or substance abuse have been increasingly said to rely on therapeutic jurisprudence. This legal framework focuses not just on the application of law but also on the effect legal processes have on the individuals involved. In practice, therapeutic jurisprudence aims to contribute to the well-being of the participants in legal proceedings by considering their therapeutic or anti-therapeutic consequences. For instance, a specialized court applying therapeutic jurisprudence might prioritize rehabilitation over punishment, especially in the context of drug court cases. The adherence to therapeutic jurisprudence signifies a shift from traditional litigation methods to ones that promote healing and constructive outcomes. This is seen in the context of the federal court system, which includes various specialized jurisdictions such as the Court of International Trade and the U.S. Tax Court.

These courts though part of the larger judicial structure, have the freedom and independence necessary to emphasize therapeutic outcomes. Additionally landmark decisions, such as the Supreme Court's ruling in favor of same-sex marriage reflect that the judiciary can also play a proactive role in safeguarding individual rights, often improving the collective well-being and societal values in the process. Moreover the diverse judicial practices across different states and the variance in the application of laws such as those regarding marijuana signify the complexity and decentralized nature of the U.S. legal system where therapeutic jurisprudence can offer a more personalized approach that takes into consideration local societal values and needs.

User Trondd
by
7.9k points