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Therapeutic Jurisprudence: From Conception to Application - JURD7672

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.

Equivalent: LAWS8172

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

Therapeutic jurisprudence (TJ) is about practical social justice. This course examines the theoretical development and application of the modern concept of TJ. It explores the origins of TJ in a mental health/disability context and its expansion into criminal, family and commercial jurisdictions. The relationship of TJ to alternative dispute resolution and restorative justice is considered, as is its impact on procedural and evidentiary issues and legal and judicial education. A comparative and interdisciplinary focus allows analysis of the contributions and shortcomings of this new schema for justice.

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed the course should be able to:

Demonstrate a sophisticated knowledge of the key theoretical concepts in TJ and its practical application in the criminal justice context and related areas.
Demonstrate an appreciation of the contributions and challenges for TJ as a developing legal paradigm.
Engage in debate about the advantages and disadvantages of an interdisciplinary approach to understanding law, especially from a human rights perspective.
Undertake advanced legal research on TJ related issues across Australian and international jurisdictions.

Learning Outcomes

At the conclusion of this course, students should be able to:

Understand the key principles of TJ and its historical and philosophical development.
Demonstrate a sound understanding of how TJ works in mental health law, criminal law and other jurisdictions.
Examine the practical application of TJ in drug courts and tribunals.
Understand the key differences between TJ and restorative justice, alternative dispute resolution and mediation.
Demonstrate a sound understanding of the challenges for TJ - how does it work with accepted legal rules and procedures? How does it work as an interdisciplinary approach to the law?
Evaluate the benefits and contributions of TJ with a focus on human rights and law reform.
Demonstrate effective written and oral communication skills.
Undertake legal research related to the theoretical and practical impact of TJ in Australia and across international jurisdictions.

Assessment