Document Type
Article
Publication Date
2008
Abstract
There has been an explosion of interest in therapeutic jurisprudence as both a filter and lens for viewing theextent to which the legal system serves therapeutic or anti therapeutic consequences. However, little attention has been paid to the impact of therapeutic jurisprudence on questions of international human rights law and the role of forensic psychologists. Human rights are based on legal, social, and moral rules. The paper will propose that human rights principles can add to the normative base of therapeutic jurisprudence, and in turn, therapeutic jurisprudence can assist forensic psychologists to actively address human rights. As duty bearers, forensic psychologists need to address the core values of freedom and wellbeing in rights holders (in this instance, prisoners and detainees with a mental illness).
Recommended Citation
Perlin, Michael L. and Birgden, Astrid, "Tolling for the Luckless, the Abandoned and Forsaked: Community Safety, Therapeutic Jurisprudence and International Human Rights Law As Applied to Prisoners and Detainees" (2008). Articles & Chapters. 1257.
https://digitalcommons.nyls.edu/fac_articles_chapters/1257
Included in
Disability Law Commons, Human Rights Law Commons, Law and Psychology Commons, Law Enforcement and Corrections Commons
Comments
Birgden, Astrid and Perlin, Michael L., 'Tolling for the Luckless, the Abandoned and Forsaken': Community Safety, Therapeutic Jurisprudence and International Human Rights Law as Applied to Prisoners and Detainees. Legal & Criminological Psychology, Vol. 13, 2008; NYLS Legal Studies Research Paper No. 07/08-20. Available at SSRN: https://ssrn.com/abstract=1109166