Therapeutic jurisprudence has gained increasing attention in the United Kingdom. Although some mental health researchers embrace the approach in the United Kingdom, others are more guarded. On the whole, the quantity and diversity of research devoted to the topic indicates that the study of therapeutic jurisprudence has matured in the United Kingdom in the last ยฎve years.
Has therapeutic jurisprudence developed in a similar fashion in the United Kingdom as it has in the United States? The new book edited by Wexler and Winick, Law in a Therapeutic Key, presents the state of the art on therapeuticjurisprudence-inspired research, thought, and perspectives. It is an impressive collection, but it is noteworthy that virtually all of the ``state-of-the-art'' activity comes from the United States. Examination of recent scholarship in the United Kingdom suggests there are some important similarities between what is taking place in the United States and what is taking place in the United Kingdom. This essay examines therapeutic jurisprudence activities in the United Kingdom in light of the kinds of issues and perspectives contained in several of the articles included in the Key anthology.
In the United Kingdom, mental health law is in a state of ยฏux, perhaps even more so than it is in the United States (see, e.g., Law Commission Report 231, 1995; Lord Chancellor's Department, 1997 Scoping Study Committee, 1999). The government is currently evaluating the recommendations for legal reform that have been suggested by a variety of bodies representing people who use mental health services, people with learning disabilities, and professionals. These recommendations may transform the way in which the law governs the health and social care of vulnerable individuals in the United Kingdom. Therefore, it is timely to contemplate the research that exists on the potential for a therapeutic jurisprudence approach to mental health law in the United Kingdom.
To what extent does the law promote the psychological or physical well-being of the people that it governs? What are the implications if the law is employed as a therapeutic agent? How will interdisciplinary research involving the clinical behavioural sciences inform the law? These types of questions, among others, have been posed in the United States for over a decade and more recently have been CCC 0735ยฑ3936/99/050687ยฑ07$17.50