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3 Int'l J. Therapeutic Juris. 81 (2018)
Mainstreaming TJ in Australia: Challenges and Opportunities

handle is hein.journals/ijtherju3 and id is 99 raw text is: 




MAINSTREAMING TJ IN AUSTRALIA: CHALLENGES AND
                    OPPORTUNITIES

                    Penelope Weller  *



                          Abstract

       This article recognises that the TJ movement is poised
to extend its influence into mainstream courts. It argues that
mainstreaming  invites a new set of questions and issues for TJ
scholarship. Mainstreaming   also provides the opportunity to
create a body of robust and  appropriate research to carry TJ
into the future. This article discusses the need for research that
supports the development  of  consistency and authenticity in
active judging.  It considers the contribution that procedural
justice research has made to the understanding of the justice
system and the role and impact of legal actors other than judges
or magistrates.  The second  part of the article considers the
alignment  between  TJ approaches  and human   rights values,
with reference to concerning the concept of voluntariness and
the presence  of individuals with disabilities in the criminal
justice system. The article argues for an active alliance between
TJ practitioners and academics to create a dedicated body of TJ
relevant research.


                     I.     INTRODUCTION

       In recent years Therapeutic  Jurisprudence (TJ) has
become  a vibrant interdisciplinary and international movement
with significant scope and influence (King, Freiberg, Batagol


*Professor Penelope Weller is Director of the Juris Doctor Program in the
Graduate School of Business and Law at RMIT University, Melbourne.

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