Law, Literature, and Therapeutic Jurisprudence

Description

This book explores the affinity between the Law and Literature and Therapeutic Jurisprudence movements. Law and Literature focuses on the analysis and criticism of literary works that have legal themes, portray lawyers, or depict legal practice. It also employs techniques and theories of literary criticism to aid the interpretation of literary texts, particularly judicial decisions. Therapeutic Jurisprudence integrates psychology, mental health, and other related enterprises to enrich and shape the law. It seeks to humanize the law by concerning itself with the human, emotional, and psychological aspects of the legal process. Both interdisciplinary movements celebrate humanity, welcome moral and ethical justice, encourage story telling, and tutor us in the idiom of empathetic kindness.
The five chapters of this book put Herman Melville, Fyodor Dostoyevsky, Arthur Miller, W.H. Hudson, and other literary masters under a Therapeutic Jurisprudence lens and suggests that all of these literary masters are, at least implicitly, concerned with therapeutic justice. Chapter One, introducing Law and Literature and Therapeutic Jurisprudence, suggests how the two movements can symbiotically effectuate common goals. Chapter Two applies law, literature, and therapeutic jurisprudence to criminal procedure and shows how this sheds new light on certain protections that the Constitution accords individuals accused of crime. Chapter Three applies law, literature, and therapeutic jurisprudence to witch hunts, ones fueled by irrational fear and discrimination, and also delves into a present day witch hunt ― homophobia ― which pulverizes individuals in their daily lives. Chapter Four applies law, literature, and therapeutic jurisprudence to legal education and law practice itself. It suggests how educators can use literature and therapeutic jurisprudence to improve their interactions with students and train them to demand and build healthy, happy, and rewarding careers. Chapter Five summarizes how Law and Literature plus Therapeutic jurisprudence can become a multidisciplinary perspective that can help us understand and tap into the loving, empathic, and healing forces in not just our legal system, but in our daily lives as well.
"Are lawyers doomed to rank lower than politicians and used car salesmen in public opinion polls? Has the law lost its chance of being a noble and fulfilling calling? Not if Professor Ronner has anything to say about it! Her revolutionary new book shows how the synthesis of two fields of jurisprudence ― Law & Literature and Therapeutic Jurisprudence―has the potential to transform the way we teach, think about, and practice the law. Ranging skillfully from Billy Budd to The Crucible, from the Carnegie Report to the latest gay adoption cases, Professor Ronner demonstrates how the combination of Law & Literature plus Therapeutic Jurisprudence equals new hope for the legal profession." ― Lenora Ledwon, J.D., Ph.D., Professor of Law, St. Thomas University; Author of Law and Literature: Text and Theory
"Law, Literature, and Therapeutic Jurisprudence is a 'must read' not only for all lawyers, judges, and law professors, but also for anyone who simply yearns to explore a new, creative, multi-disciplinary universe. Dr. Ronner shows us how therapeutic jurisprudence can serve as our lens to help us analyze works by great authors and to embrace the healing potential of our legal system and the world around us." ― David B. Wexler, Professor of Law and Director of the International Network on Therapeutic Jurisprudence at the University of Puerto Rico
"Combining perceptive analysis and legal wisdom, Ronner identifies Dostoevsky as an early advocate of therapeutic justice. With insightful reading, Ronner explores practices such as confession not only as prosecutorial tools but as catalysts to healing and rehabilitation. While Dostoevsky shows that voluntary participation in the judicial process has therapeutic value for fictional offenders