Rethinking Total Confinement: Translating Social Theory Into Justice Policy
This chapter explores the relevance of psychological jurisprudence as policy. Specifically, several provisional, though concrete, recommendations for legal reform are presented. These proposals for progressive change demonstrate how the law’s approach to the three total confinement practices systematically reviewed in Chapters 2, 3, and 4 could (and should) be more in keeping with principles emanating from restorative justice, therapeutic jurisprudence, and commonsense justice. As such, these recommendations explain how dignity, healing, and critique could be advanced by way of the practice of psychological jurisprudence. This includes changes that further more humane judicial decision-making, as well as reforms that foster more pro-social dispute resolution by and among other legal actors. Several tentative observations also are enumerated that draw attention to the current barriers that impede the possibility of achieving these well-intentioned policy initiatives.
Keywords: total confinement, social theory, justice policy, psychological jurisprudence, restorative justice, therapeutic jurisprudence, commonsense justice, judicial decision-making, legal reform, change
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