Social Work and the Law: A Therapeutic Jurisprudence Perspective

Authors: Madden R.G.; Wayne R.H.

Source: Social Work, Volume 48, Number 3, July 2003 , pp. 338-347(10)

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Abstract:

Social workers in all practice areas are affected by interactions with the law and legal systems. Unfortunately, the profession has paid inadequate attention to education, scholarship, and practice in legal environments. This article introduces a new perspective for examining social work and the law called "therapeutic jurisprudence," which emanates from psychology/mental health law. Therapeutic jurisprudence focuses on the therapeutic and antitherapeutic consequences of laws, legal rules, and legal actions. It provides a framework for assessing legal issues, applying social science research to legal questions, and structuring interventions in the legal environment. The authors argue that this perspective has the potential to serve as a lens through which social workers can view the law and, ultimately, use the knowledge gained to achieve better outcomes for clients.

Keywords: ADVOCACY; LAW; SOCIAL POLICY; SOCIAL WORK EDUCATION

Document Type: Research article

Publication date: 2003-07-01

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Social Work is the premiere journal of the social work profession. Widely read by practitioners, faculty, and students, it is the official journal of NASW and is provided to all members as a membership benefit. Social Work is dedicated to improving practice and advancing knowledge in social work and social welfare. Its articles yield new insights into established practices, evaluate new techniques and research, examine current social problems, and bring serious critical analysis to bear on problems in the profession. Major emphasis is placed on social policy and the solutions to serious human problems.
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