Australian Magistrates, Therapeutic Jurisprudence and Social Change
Therapeutic jurisprudence (TJ) is an orientation to decision-making that is attracting interest amongst some judicial officers and courts. A TJ approach emphasises the quality of the interaction between judicial officers and the individuals who appear before them, which is enhanced by direct engagement, empathy and communication. Drawing on a national survey of Australian magistrates, this paper shows that many magistrates are concerned to make a difference to the operation of the courts and those who use them. Magistrates identify many of the qualities and values associated with a TJ approach as important aspects of their work or as the characteristics of a good magistrate, regardless of whether they explicitly or consciously adopt a TJ orientation. There is also some evidence that the capacity to interact positively with citizens is a source of job satisfaction for some magistrates. However, the limited capacity in their current position to contribute to change in the court system is a source of dissatisfaction for many magistrates. Therapeutic jurisprudence (TJ) is an orientation to decision-making that is attracting interest amongst judicial officers, especially those in the lower courts, both in Australia and overseas. A TJ approach focuses on the quality of the interaction between judicial officers and the individuals who appear before them, with an emphasis on direct engagement, empathy and communication. The core idea is that legal processes have the potential for positive impact on the physical and psychological well being of participants, perhaps ultimately contributing to progressive social change. This paper examines the TJ implications in individual magistrates‟ orientation to their work in two ways. First, drawing on a national survey of Australian
Sexual Harassment of Women in Workplace in India: An Assessment of Implementation of Preventive Laws and Practicing of Therapeutic Jurisprudence in New Delhi
Therapeutic Jurisprudence is legal conscience seeking for a fully-functional system that involves collaboration of sensitized judiciary, academicians and practitioners, working in a congenial environment which collectively facilitates in healing process of the victim. Similar to the principles of Therapeutic Jurisprudence, preventive laws too aims for more humane approach with regard to legal matters. In fact, preventive laws may also be viewed as ‘pro-therapeutic jurisprudence’. In a more comprehensive and treatment oriented legal service system, prevention has to have prominence over healing goals. Laying emphasis on preventive law does not negate the importance of healing objectives set forth by Therapeutic Jurisprudence rather preventive laws supplements to the overall aim of enabling ‘healing power of law’. An ideal system would be wherein preventive laws are implemented effectively and therapeutic jurisprudence works efficiently. This chapter aims to assess the implementation of preventive laws and practicing of therapeutic justice for victims of sexual harassment in New Delhi, India.
The Illinois Legislature
It further provides that the county must have voted "for license" at the last general election on that subject. Also, that the petition, together with all names and addresses on it, must first be published in at least two issues of some newspaper published in the town where the petition was circulated, for at least ten days before the petition is acted upon. Any officer authorized to issue licenses violating the provisions of this act is liable to a fine of from $500 to $1000 and imprisonment in the county jail for from two to twelve months. The act does not repeal any local laws forbidding the sale of liquor, but is cumulative to all anti-liquor laws now in force. The final section is: "This Act being necessary for the public peace, health, and safety, shall take effect and be in force from and after December 31, 1913." The postponement of the time for going into effect was made io order not to interfere with licenses already issued and to give the liquor dealers time to adjust themselves to the provisions of the act. But the liquor people denied that the emergency clause could be attached to an act the operation of which was postponed nearly a year. They called attention to the omission of the word "immediate," and declared that the postponement was in itself sufficient evidence that it was not necessary for the "immmediate preservation of the public health, peace and safety." A petition for reference was circulated and the necessary number of signatures was secured. The attorney-general was first asked for his opinion as to whether the act was subject to the referendum. That officer stated that he could find no precedent for such a case. Basing his decision on reason and common sense he declared the act not subject to the referendum. The circuit court was then asked for a write of mandamus against the secretary of state to compel him to submit the act, but the court refused to grant it, saying that the attachment of the emergency clause was evidence that the legislature intended to prevent its submission. At this writing the question is pending on appeal before the supreme court.