Essays in Therapeutic Jurisprudence

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Publisher :
ISBN 13 : 9780890894590
Total Pages : 322 pages
Book Rating : 4.8/5 (945 download)

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Book Synopsis Essays in Therapeutic Jurisprudence by : David B. Wexler

Download or read book Essays in Therapeutic Jurisprudence written by David B. Wexler and published by . This book was released on 1991 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Judging in a Therapeutic Key

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Publisher :
ISBN 13 :
Total Pages : 362 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Judging in a Therapeutic Key by : Bruce J. Winick

Download or read book Judging in a Therapeutic Key written by Bruce J. Winick and published by . This book was released on 2003 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part I of this book describes the newly emerging problem-solving courts (such as drug treatment courts, domestic violence courts, mental health courts, etc.) and other related approaches to problem-solving judging and judging with an explicit ethic of care. Authors Winick and Wexler show how judges can use therapeutic jurisprudence not only in specialized problem-solving courts, but in general civil and criminal judicial settings as well. In Part II, the book covers emerging "principles" of therapeutic jurisprudence that seem to be at work in successful judicial approaches: how courts can encourage offender reform, how they can help offenders develop problem-solving and coping skills, how they can encourage offender compliance with release conditions, how they can serve as effective risk managers, and much more. "Rarely does the academic work of law scholars have such a clear-cut impact in shaping the research agendas of a broad range of legal academics. Rarer still are the times when such legal scholarship positively impacts the working lives of judges and practicing lawyers. As these essays make abundantly clear, therapeutic jurisprudence has come of age as a legal discipline in its own right, ready to be further tested carefully and strategically within our judicial system... The authors assembled in this worthy volume believe strongly in the law's potential to serve as a 'healing agent' and seek to cast judges and lawyers in the roles of peacemakers and creative problem-solvers. Their vision deserves our serious consideration." -- The Journal of Legal Medicine "Winick and Wexler have gathered an impressive collection that both introduces the topic to newcomers and provides additional depth for those already generally aware of the concepts." -- Steve Leben in The Justice System Journal

Therapeutic Jurisprudence

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Publisher :
ISBN 13 : 9781862874466
Total Pages : 136 pages
Book Rating : 4.8/5 (744 download)

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Book Synopsis Therapeutic Jurisprudence by : Marilyn McMahon

Download or read book Therapeutic Jurisprudence written by Marilyn McMahon and published by . This book was released on 2003 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: Therapeutic Jurisprudence is a special issue (Volume 20 No 2) of the journal Law in Context. The contents are listed below. You can read the abstract for each chapter by clicking on its title.You can purchase a single copy of this issue through this page, or subscribe to the journal from the journal page.

Law in a Therapeutic Key

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Publisher :
ISBN 13 :
Total Pages : 1040 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Law in a Therapeutic Key by : David B. Wexler

Download or read book Law in a Therapeutic Key written by David B. Wexler and published by . This book was released on 1996 with total page 1040 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law in a Therapeutic Key is an anthology of works written by authors from a variety of backgrounds. This book illustrates some of the best and most provocative new therapeutic jurisprudence work in fields ranging from mental health law to correctional law, criminal law, family and juvenile law, evidence law, labor arbitration law, and many more. "[A] rich compendium of the best of what David Wexler and Bruce Winick have wrought... a mature and reflective work, and the most comprehenisve treatment of the therapeutic paradigm to date." -- John Monahan, University of Virginia "The crucial insight embedded in these essays is that all law, ranging from contracts to criminal law, can promote or retard the psychological well-being of persons who become involved with the legal system. Unless we acknowledge these therapeutic considerations in the law-making process, we risk fostering individual--and therefore societal--dysfunction." -- Paul Appelbaum, University of Massachusetts Medical Center

Therapeutic Jurisprudence Applied

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Publisher :
ISBN 13 :
Total Pages : 440 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Therapeutic Jurisprudence Applied by : Bruce J. Winick

Download or read book Therapeutic Jurisprudence Applied written by Bruce J. Winick and published by . This book was released on 1997 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sensitive policy analysis of law should seek to measure and weigh all of the costs and benefits of legal rules. This book suggests ways in which mental health law can be reshaped -- not only to protect the legal rights of patients, but also to improve their mental health. "[A] lesson on where and how to focus the therapeutic jurisprudence lens so that the concept generates original and fruitful ideas." -- Thomas Grisso, Ph.D., University of Massachusetts, Department of Psychiatry "[The chapters] demonstrate that therapeutic jurisprudence provides a remarkable number of new insights into mental disability law... Litigators, scholars, policy makers, and mental disability professionals all owe Professor Winick a tremendous debt for the thoughtful, original, and provocative work that he has done." -- Michael L. Perlin, New York Law School "For novices in the field, it is an exciting view of a difficult corner of the law. For those who have spent their careers in the area, this work is both eye-opening and rejuvenating." -- Christopher Slobogin, University of Florida College of Law

Rehabilitating Lawyers

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Publisher :
ISBN 13 :
Total Pages : 432 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Rehabilitating Lawyers by : David B. Wexler

Download or read book Rehabilitating Lawyers written by David B. Wexler and published by . This book was released on 2008 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to bridge the traditional divide between scholarship and practice in the field of law. It introduces the interdisciplinary perspective of therapeutic jurisprudence (TJ) and then, largely through the thoughtful and informative essays of practitioners and clinical law professors, shows how criminal law practice can be enriched -- and how clients can benefit -- from lawyers looking at their practice with a TJ lens. Lawyers can be positive change agents for many of their clients, and will find that this approach can markedly increase their own professional satisfaction and enhance their professional image. "Rehabilitating Lawyers is the kind of smart and balanced book too often absent from the fractious debate about the future of our criminal justice system. By embracing healing as a legitimate criminal justice goal, Professor Wexler offers up an exciting new paradigm in which lawyers finally deserve the label 'counselor.'" -- Robin Steinberg, Executive Director, Bronx Defenders "Criminal law, criminal lawyers and their clients need more than skillful representation in court. For the cycle of offending to be slowed, for criminal law to meet its stated objectives, and for criminal lawyers to survive burnout, fundamental reconceptualising of the law and lawyering are needed. Rehabilitating Lawyers provides a challenging way of reframing through therapeutic jurisprudence how opportunities for reclamation of offenders can be fostered and criminal lawyers can play a role in reducing recidivist offending. It explores how the ethical practice of criminal law by attorneys and judges alike, from charging through trials and sentencing and into probation, can be made more humane and constructive." -- Dr. Ian Freckelton SC, Barrister, Melbourne, Australia, Professor of Law, Forensic Medicine and Psychological Medicine, Monash University "The editor hopes that this book will bridge the wide academic/legal practitioner divide. It has done so admirably....This inspirational edition deserves wide circulation and further incorporation of its ideas into legal education, court practice and legislative action." -- Law Institute Journal, October 2008 "The most interesting, important and innovative book I have read about the practice of law in many years. I'm a former Public Defender (still one at heart), and I hope this book is read by all of those who devote themselves valiantly to this most undervalued position. Anyone who has ever represented a criminal defendant owes Professor Wexler a great debt of gratitude."-- Professor Michael L. Perlin, Director, International Mental Disability Law Reform Project, Director, Online Mental Disability Law Program New York Law School "Wexler's collection deserves a place on the shelves of academics interested in this important area of legal education; it is a balanced well referenced source, and a great primer for this area of theory and practice. An equally important reading audience are court administrators, judges and Attorneys General who have the clout to implement some of these suggestions." -- Australian Lawyers Alliance Journal

Enforcing Freedom

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Publisher : Columbia University Press
ISBN 13 : 0231547099
Total Pages : 525 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis Enforcing Freedom by : Kerwin Kaye

Download or read book Enforcing Freedom written by Kerwin Kaye and published by Columbia University Press. This book was released on 2019-12-17 with total page 525 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1989, the first drug-treatment court was established in Florida, inaugurating an era of state-supervised rehabilitation. Such courts have frequently been seen as a humane alternative to incarceration and the war on drugs. Enforcing Freedom offers an ethnographic account of drug courts and mandatory treatment centers as a system of coercion, demonstrating how the state uses notions of rehabilitation as a means of social regulation. Situating drug courts in a long line of state projects of race and class control, Kerwin Kaye details the ways in which the violence of the state is framed as beneficial for those subjected to it. He explores how courts decide whether to release or incarcerate participants using nominally colorblind criteria that draw on racialized imagery. Rehabilitation is defined as preparation for low-wage labor and the destruction of community ties with “bad influences,” a process that turns participants against one another. At the same time, Kaye points toward the complex ways in which participants negotiate state control in relation to other forms of constraint in their lives, sometimes embracing the state’s salutary violence as a means of countering their impoverishment. Simultaneously sensitive to ethnographic detail and theoretical implications, Enforcing Freedom offers a critical perspective on the punitive side of criminal-justice reform and points toward alternative paths forward.

Practicing Therapeutic Jurisprudence

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Publisher :
ISBN 13 :
Total Pages : 534 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Practicing Therapeutic Jurisprudence by : Dennis P. Stolle

Download or read book Practicing Therapeutic Jurisprudence written by Dennis P. Stolle and published by . This book was released on 2000 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the interdisciplinary perspective of therapeutic jurisprudence -- which focuses on the law's impact on emotional life and psychological well-being -- has increasingly moved from the academic world into the world of judging and law practice. The psychological sensitivity and insights provided by the 'lens' of therapeutic jurisprudence have mixed with the pragmatic procedures of related perspectives -- such as preventive law -- to allow interested lawyers to truly 'practice' therapeutic jurisprudence. Stolle, Wexler, and Winick designed this volume -- covering civil and criminal contexts and courtroom and law office settings -- for practicing lawyers as well as for use in clinical courses, in legal counseling courses, and in courses on 'new directions' in lawyering. It will be of value and interest to those engaged in preventive law, collaborative law, restorative justice, holistic lawyering, mediation and alternative dispute resolution, and indeed to all who seek to humanize the law and its practice -- and to enrich the lives of lawyers. With this volume, law can take its rightful place as a legitimate member of the helping professions. "[This book] is a wonderful tool for lawyers in criminal or civil practice, litigation, and in all fields of law including dispute resolution." -- Carolyn E. Hansen, New York Law Journal "This collection of articles includes the theoretical basis of TJ, but most importantly, it shows how TJ can be used in a variety of settings and practice areas." -- Richard L. Halpert, American Bar Association

Retribution, Justice, And Therapy

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Publisher : Springer Science & Business Media
ISBN 13 : 9027709998
Total Pages : 280 pages
Book Rating : 4.0/5 (277 download)

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Book Synopsis Retribution, Justice, And Therapy by : J.G. Murphy

Download or read book Retribution, Justice, And Therapy written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 1979-07-31 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Involuntary Detention and Therapeutic Jurisprudence

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Publisher : Routledge
ISBN 13 : 1351926268
Total Pages : 638 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Involuntary Detention and Therapeutic Jurisprudence by : Kate Diesfeld

Download or read book Involuntary Detention and Therapeutic Jurisprudence written by Kate Diesfeld and published by Routledge. This book was released on 2018-05-08 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: International developments within the last twenty years have demonstrated controversial shifts in treatment for people with mental illnesses and the care of persons with intellectual disabilities. These shifts have been apparent in an emphasis on deinstitutionalization, increased scrutiny of detention and discharge decisions and, in some countries, in enforced treatment and care in the community. As we become increasingly conscious of the political and moral dimensions of civil commitment, these concerns are reflected in the professional literature, but this does not often enough focus on issues of clinical and legal principle, nor is it in a form which encourages comparative analysis. This collection draws on contributors from the UK, the USA, Australia, the Netherlands, Canada and New Zealand, who share a commitment to evaluating whether the civil detention processes protect the liberty, dignity and justice interests of those with mental illnesses and intellectual disabilities. The book is written from a therapeutic jurisprudence perspective and poses a number of questions with international application, such as: Are more categories of people being detained? Is involuntary detention serving new purposes? Are different forms of detention gaining credence and being more widely utilized? And, are admission decisions and review of detention decisions transparent, consistent, and just?

Child Victims

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Publisher : Oxford University Press
ISBN 13 : 0198257007
Total Pages : 222 pages
Book Rating : 4.1/5 (982 download)

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Book Synopsis Child Victims by : Jane Morgan

Download or read book Child Victims written by Jane Morgan and published by Oxford University Press. This book was released on 1992 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: Child Victims explores the range and extent of crimes committed against children, and assesses their impact. The testimony of over two hundred children gives voice, for the first time, to their experiences, their views, and their needs. It examines how children attain the status of 'victims' in the criminal justice system. Drawing on their recent research findings, the authors examine each stage of the legal process that a child encounters, from the initial reporting of the offence, through police investigation, to the trial itself. They contrast the specialist response to victims of child sexual abuse with the experiences of children who are victims of other crimes, thrust into an adult system which takes little account of their needs. Child Victims concludes by examining the role of support services and agencies dealing with child victims, and makes a number of key recommendations for future policy.

Thinking About Clinical Legal Education

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Publisher : Routledge
ISBN 13 : 1000452972
Total Pages : 225 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Thinking About Clinical Legal Education by : Omar Madhloom

Download or read book Thinking About Clinical Legal Education written by Omar Madhloom and published by Routledge. This book was released on 2021-11-25 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thinking About Clinical Legal Education provides a range of philosophical and theoretical frameworks that can serve to enrich the teaching and practice of Clinical Legal Education (CLE). CLE has become an increasingly common feature of the curriculum in law schools across the globe. However, there has been relatively little attention paid to the theoretical and philosophical dimensions of this approach. This edited collection seeks to address this gap by bringing together contributions from the clinical community, to analyse their CLE practice using the framework of a clearly articulated philosophical or theoretical approach. Contributions include insights from a range of jurisdictions including: Brazil, Canada, Croatia, Ethiopia, Israel, Spain, UK and the US. This book will be of interest to CLE academics and clinic supervisors, practitioners, and students.

Retribution, Justice, and Therapy

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Author :
Publisher : Springer Science & Business Media
ISBN 13 : 9400994613
Total Pages : 336 pages
Book Rating : 4.4/5 (9 download)

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Book Synopsis Retribution, Justice, and Therapy by : J.G. Murphy

Download or read book Retribution, Justice, and Therapy written by J.G. Murphy and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: One might legitimately ask what reasons other than vanity could prompt an author to issue a collection of his previously published essays. The best reason, I think, is the belief that the essays hang together in such a way that, as a book, they produce a whole which is in a sense greater than the sum of its parts. When this happens, as I hope it does in the present case, it is because the essays pursue related themes in such a way that, together, they at least form a start toward the development of a systematic theory on the common foundations supporting the particular claims in the particular articles. With respect to this collection, the essays can all be read as particular ways of pursuing the following general pattern of thought: that a commitment to justice and a respect for rights (and not social utility) must be the foundation of any morally acceptable legal order; that a social contractarian model is the best way to illuminate this foundation; that a retributive theory of punish ment is the only theory of punishment resting on such a foundation and thus is the only morally acceptable theory of punishment; that the twentieth century's faddish movement toward a "scientific" or therapeutic response to crime runs grave risks of undermining the foundations of justice and rights on which the legal order ought to rest; and, finally, that the legitimate worry about the tendency of the behavioral sciences to undermine the values of

Risk and Rehabilitation

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Author :
Publisher : Policy Press
ISBN 13 : 1447300203
Total Pages : 216 pages
Book Rating : 4.4/5 (473 download)

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Book Synopsis Risk and Rehabilitation by : Pycroft, Aaron

Download or read book Risk and Rehabilitation written by Pycroft, Aaron and published by Policy Press. This book was released on 2012-10-10 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Substance misuse (including alcohol) and mental health problems constitute a significant proportion of the work carried out in the criminal justice system. Approaches to these often intractable problems have seen the rise of a dominant risk paradigm concerned with public protection and the use of coercion through court orders to access treatment. This original and valuable book considers notions of risk and rehabilitation in detail within the practice of those court orders, whilst contextualising them within a wider comparative literature and research base. The efficacy of these approaches, practice issues and innovations including for example therapeutic jurisprudence are analysed. Risk and rehabilitation also includes discussions of the implications for partnership working and the importance of reconfiguring the nature of rehabilitative relationships. This is a timely book as probation practice in the UK and elsewhere moves into a post 'what works' era, providing opportunities to review the evidence base for effective interventions.

Legal Insanity and the Brain

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509902325
Total Pages : 333 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Legal Insanity and the Brain by : Sofia Moratti

Download or read book Legal Insanity and the Brain written by Sofia Moratti and published by Bloomsbury Publishing. This book was released on 2016-10-20 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark publication offers a unique comparative and interdisciplinary study of criminal insanity and neuroscience. Criminal law theories and ideologies which underpin the regulation of criminal insanity have always been the subject of controversy. The history of criminal insanity is characterised by conceptual and empirical tension between two disciplinary realms: the law and the mind sciences. The authors in this anthology explore in depth the state of the art of legal insanity and the numerous intricate, fascinating, pioneering and sophisticated questions raised by the integration of different criminal law and behaviour theories, diverse disciplines and methodologies, in a genuinely interdisciplinary perspective. This volume will serve as a practical guide for the comparative legal scholar and the judge, as well as stimulating scholarly reading for the neuroscientist, the social scientist and the philosopher with interdisciplinary scientific interests.

Therapeutic Jurisprudence and Overcoming Violence Against Women

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Author :
Publisher : IGI Global
ISBN 13 : 1522524738
Total Pages : 369 pages
Book Rating : 4.5/5 (225 download)

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Book Synopsis Therapeutic Jurisprudence and Overcoming Violence Against Women by : Halder, Debarati

Download or read book Therapeutic Jurisprudence and Overcoming Violence Against Women written by Halder, Debarati and published by IGI Global. This book was released on 2017-02-22 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law is a multi-dimensional aspect of modern society that constantly shifts and changes over time. In recent years, the practice of therapeutic jurisprudence has increased significantly as a valuable discipline. Therapeutic Jurisprudence and Overcoming Violence Against Women is a comprehensive reference source for the latest scholarly research on the strategic role of jurisprudential practices to benefit women and protect women’s rights. Highlighting a range of perspectives on topics such as reproductive rights, workplace safety, and victim-offender overlap, this book is ideally designed for academics, practitioners, policy makers, students, and practitioners seeking research on utilizing the law as a social force in modern times.

Comprehensive Law Practice

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Author :
Publisher :
ISBN 13 : 9781594608803
Total Pages : 0 pages
Book Rating : 4.6/5 (88 download)

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Book Synopsis Comprehensive Law Practice by : Susan Swaim Daicoff

Download or read book Comprehensive Law Practice written by Susan Swaim Daicoff and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since about 1990, disciplines have emerged in every substantive area of the law to transform law into a positive force in the lives of those it touches. These disciplines converge in the "comprehensive law movement." Comprehensive Law Practice overviews the entire movement and provides training materials for lawyers, judges, mediators, and law students who want to be at the forefront of practicing law in these new forms.