Restorative justice, therapeutic jurisprudence and the rise of emotionally intelligent justice

 

Author(s)King, Michael S
Title Restorative justice, therapeutic jurisprudence and the rise of emotionally intelligent justice
Source Melbourne University Law Review,2008, Vol 32, No 3, pp 1096-1126
Date 2008
Document type Journal article
Summary This article examines the concept of emotional intelligence and the resulting awareness of the significance of the use and management of emotions in individual and group interactions by the public and by professionals. Following on from this is an examination of restorative justice, including the nature and development of restorative justice. The primary restorative justice practices are considered to be conferences, including family group conferencing and police-mediated conferencing. The restorative justice outcomes are discussed and research suggests that restorative justice produces positive outcomes for victims and offenders, The expression and management of emotions is an important consideration of restorative justice conferences. The author also examines the nature and scope of therapeutic jurisprudence, including some criticisms, such as tending to be paternalistic in nature. The final part of the article gives examples from the courts, legal practice and legal education of the practical application of emotional intelligence, therapeutic jurisprudence and restorative justice.
Keywords Restorative justice; conferencing; therapeutic jurisprudence; emotional intelligence
Topic Restorative justice