News Update on Jurisprudence Research: May – 2019

HOPE-ful bottles: Examining the potential for Hawaii’s opportunity probation with enforcement (HOPE) to help mainstream therapeutic jurisprudence

This article builds on the emerging understanding of Hawaii’s Opportunity Probation with Enforcement (HOPE) probation when viewed through the lensof therapeutic jurisprudence (TJ). The article commences with recent conceptualizations of TJ through the metaphor and methodology of ‘wine’/‘liquid’ and ‘bottles’ (Wexler, 2014). Next, the article presents an overview of how HOPE works and clarifies a number of misconceptions about the approach taken. The article then examines the potential of the principles underlying HOPE to help in realizing the promise of mainstreaming TJ. Specifically, it is argued that HOPE is more economical than drug courts and can reach far more people. It addition, it promotes procedural justice and desistance, is flexible and can be extended across the criminal justice system. [1]

Dissolving the stiff upper lip: Opportunities and challenges for the mainstreaming of therapeutic jurisprudence in the United Kingdom

Although therapeutic jurisprudence (“TJ”) is increasingly well-established internationally, particularly within the United States of America (“US”), to date it remains relatively unacknowledged within the United Kingdom (“UK”). This article will explore the opportunities presented within contemporary UK society for the greater promotion, and eventual mainstreaming, of TJ. It will also consider the challenges faced during this process and how best to overcome these. Its first key area of focus will be upon the potential role of legal education in the UK in educating law students (and academics) about TJ, considering which approaches are likely to be most effective in incorporating TJ perspectives, at what stage this should occur and to what extent TJ is likely to impact on the existing curricula at a time when proposed changes relating to entry into the legal profession are heavily influencing the work of Law Schools. The article will then move on to consider the receptiveness of the UK legal profession to the TJ paradigm in light of recent attempts to move to a competency-based approach to practice and to reconceptualise professionalism to meet the challenges of increasing fragmentation and corporatisation. The third key area it will explore is the UK’s recent plans to reintroduce problem-solving courts (“PSCs”) into its criminal justice system. The authors will discuss the downfall of the six UK Drug Court (“DC”) pilots originally established in 2005 theorising upon their failures and reflecting upon whether the current UK criminal justice system is truly able to support a fresh round of PSC initiatives. The article will end with recommendations for ways in which the international TJ community should begin the process of mainstreaming TJ within the UK. It will conclude that there are currently significant opportunities to be utilised, but that this requires significant commitment and mobilisation amongst existing TJ scholars and practitioners.[2]

Periodisation, pluralism and punishment

In this remarkable book, Lindsay Farmer presents a wide-reaching account of the emergence of modern criminal law: an account which frames both the law and its doctrines, as well as the institutions through which criminalisation is realised, within the context of its developing relationship with the modern state and that state’s projects of governance.11 Lindsay Farmer, Making the Modern Criminal Law: Criminalization and Civil Order(Oxford University Press, Oxford 2016).View all notes On Farmer’s view, criminal law and the distinctive modalities of criminalisation are oriented to the production of a certain form of civil order: and that conception of order represents something quite fundamental about the nature of modern societies and of how state power is coordinated and legitimated. Farmer will already be well known to criminal lawyers and legal historians for his first, fine monograph, Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, and also to legal theorists for his role in The Trial on Trial 22 Antony Duff, Lindsay Farmer, Sandra Marshall and Victor Tadros, The Trial on Trial I: Truth and Due Process 2004; II: Judgment and Calling to Account 2005; III: Towards a Normative Theory of the Criminal Trial 2007: (Hart Publishing, Oxford).View all notes and the more recent Criminalization 33 Antony Duff, Lindsay Farmer, Sandra Marshall, Massimo Renzo and Victor Tadros, The Boundaries of the Criminal Law 2010; The Structures of the Criminal Law 2011; The Constitution of the Criminal Law2013; Criminalization: the Political Morality of the Criminal Law 2015, (Oxford University Press).View all notes projects, which have made a powerful contribution to criminal law theory over the last decade. The systematic, even definitive nature of his latest monograph makes this symposium in a leading legal theory journal most appropriate. [3]

A Treatise on Medical Jurisprudence

THE book before us consists essentially of a series of lectures delivered by Dr. Poore at University College during the time when he occupied the chair of medical jurisprudence in that institution; now that he has passed to another sphere of duties, it is well that his labours as a teacher of this, most important subject should endure in the concrete form of a manual. The lectures have been freely edited by himself, and doubtless touched up by others, but in spite of this they remain still essentially lectures, delivered in a pleasant colloquial style; if from the point of view of highly systematised contents, something by this method has been lost, something has also been gained, in that the volume before us may certainly be designated one of the most readable which it has ever fallen to our lot to peruse. [4]

Health Management Student’s Knowledge about Patient Rights in Public Universities in Turkey

Background: It is important for health care managers to understand patient rights before making an important health care related decision. Aim of the study was to assess health management student’s knowledge on patient’s rights in public universities in Turkey.

Materials and Methods: A survey was conducted among undergraduate health management students enrolled in three public universities in Turkey. Data was collected using self-administered questionnaire on patient rights. Descriptive statistics were used to describe the study participants. Mann-Whitney U and Kruskal Wallis Test were used to identify a relationship between knowledge and other factors.

Results: Total 400 students from health management department from three different public universities participated in this study. The participants’ mean age was 20.97± 1.68 years old (range, 18-32 years). 59% of students were male and 41%of them were female. The results showed there were not significantly different in knowledge score between genders (P=0.064). There were statistically significant differences in terms of knowledge score for different year of study groups (P=0.002) also there was a statistically significant difference in Knowledge score for students from different university (P=0.000).

Conclusion: In general, 65% of respondents had good level of knowledge while 35% of them had bad knowledge about patient rights. More than half of the students have good knowledge among the patient rights; the knowledge score is different among the senior and junior students and among universities. [5]


[1] Bartels, L., 2019. HOPE-ful bottles: Examining the potential for Hawaii’s opportunity probation with enforcement (HOPE) to help mainstream therapeutic jurisprudence. International journal of law and psychiatry63, pp.26-34. (Web Link)

[2] Jones, E. and Kawalek, A., 2019. Dissolving the stiff upper lip: Opportunities and challenges for the mainstreaming of therapeutic jurisprudence in the United Kingdom. International journal of law and psychiatry63, pp.76-84.(Web Link)

[3] Lacey, N., 2019. Periodisation, pluralism and punishment. Jurisprudence10(1), pp.85-90.(Web Link)

[4] A Treatise on Medical Jurisprudence

F. W. T.

Naturevolume 65, page77 (1901)(Web Link)

[5] Maimaiti, N., Rahimi, A., Boydak, S., Tekin, M. and Tekin, H. (2017) “Health Management Student’s Knowledge about Patient Rights in Public Universities in Turkey”, Journal of Scientific Research and Reports, 17(2), pp. 1-5. doi: 10.9734/JSRR/2017/37993.(Web Link)

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