Causes of Aggression

 

Scientists in the fields of psychology, sociology and biology are interested in understanding the complex behavior of pathological aggression. For the purposes of this article, aggressive behavior refers to a range of behaviors that can result in both physical and psychological harm to oneself, others, or objects in the environment.

People with structural abnormalities and neurochemical imbalances are likely to engage in aggressive behaviors, then those who do not (Raine et. al., 2000, Rutter et. al., 1998). In recent years, neuroscientific studies have confirmed that several regions of the brain, including the amygdala, hypothalamus, and periaqueductal gray are involved in recognizing an acute threat and generating an emotional response (Sanchez et. al., 1998). Damage to the prefrontal cortex has especially been linked with reduced cognitive capacity and a triggered limbic system response and malfunction of the ventromedial and orbitofrontal sub-regions of the brain (Raine et. al., 2000). There regions have been associated with higher levels of impulsive behavior, with deficits in the withdrawal system, a system that promotes retreat from aversive and dangerous situations and a lack of emotional intelligence (Rutter et. al., 1998).

Adrian Raine and colleagues (1998) have conducted the largest and most thorough study to date, in which they used positron emission tomography (commonly called a PET scan) to compare brain activity in 41 convicted violent offenders to activity in 41 age matched control subjects. They found that the people convicted of murder had reduced activity in the prefrontal cortex and increased activity in subcortical regions such as the thalamus. This finding fits nicely with previous research showing that the damage to the prefrontal cortex impairs decision making and increasing impulsive behavior.

Imbalances in certain hormones, like testosterone and cortisol, and neurotransmitters, like serotonin and dopamine, may also be linked to aggression as well (Teicher et. al., 2003). These imbalances can occur for several reasons, including genetics, substance use, experiences of trauma, malnutrition, etc. (Kaufman et. al., 2000). Birth complications (e.g., fetal alcohol syndrome, poor maternal nutrition, and stress, etc.), acquired brain injuries, substance use, experiences of trauma, etc. Raine et. al. (1994) argued that protein synthesis can significantly impact executive functioning – sustained attention, behavioral flexibility to changing contingencies, working memory, self-regulation and inhibition, abstract decision making, planning and organization (Sonuga-Barke et. al., 2008).

Stress management during pregnancy could reduce pregnancy-induced hypertension and hypoxia to the fetus. In addition, healthy parenting programs may help parents to understand the effects of their discipline on their children's mental health. Research on childhood trauma demonstrated a significant correlation with hyperactivity, aggression, and violence (Kaufman, 2000).

In sum, aggressive behavior refers to a range of behaviors that can result in both physical and psychological harm to oneself, others, or objects in the environment. There are biological and environmental factors that can influence the onset and trajectory of aggression and violence. Prevention and intervention (e.g., maternal care, prevention of brain injuries, etc.) of cognitive disorders can improve long-term outcomes for individuals at-risk for aggression and violence.

Dr. Vinita Puri, PhD, MSW, RSW, M.Phil., B.A.

Governor and International Coordinator, AUGP-TJ Centre 

References

 

Kaufman, J., Plotsky, P.M., Nemeroff, C.B., & Charney, D.S. (2000). Effects of early adverse

experiences on brain structure and function: Clinical implications. Biological Psychiatry,

48, 778–790.

Raine, A., Brennan, P., & Mednick, S.A. (1994). Birth complications combined with early

maternal rejection at age 1 year predispose to violent crime at age 18 years. Archives of

General Psychiatry, 51, 984–988.

Raine, A., Buchsbaum, M., LaCasse, L. (1997). "Brain abnormalities in murders indicated by

positron emission tomography," Biological Psychiatry, 42: 495-508.

Raine, A., Lencz, T., Bihrle, S., Lacasse, L., & Colletti, P. (2000). Reduced prefrontal gray

matter volume and reduced autonomic activity in antisocial personality disorder.

Archives of General Psychiatry, 57, 119–127

Rutter M., Giller H., & Hagell A. (1998). Antisocial behavior by young people. Cambridge:

Cambridge University Press.

Sanchez, M.M., Hearn, E.F., Do, D., Rilling, J.K., & Herndon, J.G. (1998). Differential rearing

affects corpus callosum size and cognitive function of rhesus monkeys. Brain Research,

812, 38–49.

Sonuga-Barke, E.J.S., Beckett, C., Kreppner, J., Castle, J., Colvert, E., Stevens, S., Hawkins, A.,

& Rutter, M. (2008). Is sub-nutrition necessary for a poor outcome following severe and

pervasive early institutional deprivation? Brain growth, cognition and mental health.

Developmental Medicine and Child Neurology, 50, 664–671

Teicher, M.H., Andersen, S.L., Polcari, A., Anderson, C.M., Navalta, C.P., & Kim, D.M. (2003).

The neurobiological consequences of early stress and childhood maltreatment.

Neuroscience and Biobehavioral Reviews, 27, 33–44.

 

The Eighth Amendment, the Death Penalty, and the Supreme Court

The most conser­vat­ive Supreme Court in a century has not yet fully put its stamp on the death penalty in Amer­ica or on condi­tions of confine­ment within pris­ons. Nor, for that matter, have the justices delivered a recent ruling on the ways in which local offi­cials control pretrial deten­tion or impose hefty fines and fees on those who get wrapped up in crim­inal justice systems. The Eighth Amend­ment, as the newly consti­tuted Roberts Court sees it, has yet to be writ­ten even though public debate over capital punish­ment, solit­ary confine­ment, and excess­ive bail often drive broader conver­sa­tions about crim­inal justice in the United States.
Some trends, however, are appar­ent. The depar­ture of Anthony Kennedy and Ruth Bader Gins­burg took from the Supreme Court two justices who suppor­ted key limit­a­tions on the death penalty and expan­ded protec­tions for pris­on­ers under the "cruel and unusual punish­ment" clause of the Eighth Amend­ment.
Click to read    

Developing Lawyers' Emotional Intelligence

Individuals with high level of emotional intelligence possess higher abilities to understand their own emotions and other people's emotions, as well as to manage the emotional sphere, which leads to greater adaptability and effectiveness in communication. Emotional intelligence for a lawyer is the means that allows to establish contact with the client, make a considered decision, adequately perceive own emotional state. After all, lawyer's client is usually in an unusual situation for him; mostly a conflict one, which is a factor of his emotionality, aggression, feeling of hopelessness, anger, and irritability.. 

The client does not always understand what he or she needs, so the developed emotional intelligence allows the lawyer to establish interaction with his client and develop the right strategy taking into account the client's needs and being based on the provisions of the law. 

Legal clinic, being an innovative form of legal education aimed at developing the practical skills of future lawyers, performs both educational and social functions. Performing these functions, the legal clinic promotes the development of emotional intelligence, which allows students to better understand their emotions and control them, as well as adequately perceive the client's psychological state, choosing appropriate behavior tactics and professional ethics – understanding the importance of the rule of law, the priority of human rights, the priority of human rights, understanding the role of a lawyer in the community and the importance of pro bono activities. 

Prof.Lakshman Madurasinghe

Implicit Bias in the Law

Many professional legal associations offer training and publications about implicit bias, including the National Counsel for Juvenile and Family Court Judges, The National Center for State Courts, and the American Bar Association.

• The Lens of Implicit Bias

  A publication from the National Council of Juvenile and Family Court Judges, this article looks at the bias with which people view the world, how that bias impacts decisions and how to reduce the implicit bias in our decision-making, in juvenile and family justice.

Click to read

Macro-External and Micro-Internal Factors for Workplace Conflict

Conflict… though it is an inevitable part of workplace life (Ayoko, 2016, Neuman & Baron, 2005). It impacts the productivity and financial well-being of an organization (Babalola et. al., 2016, Chung, 2015). Moreover, the stress associated with conflict can negatively affect the psychological and physical state of individual members (Brooks et. al., 2020; Borle et. al., 2021, Martínez et. al., 2020). An examination of macro-external and micro-internal factors is critical to understanding how conflict manifests in the workplace (Ye et. al., 2017).

According to Asif et. al. (2020), the current global COVID pandemic has accelerated changes to organizational structures across the world. Many workplaces, educational institutions, social services, and businesses have adopted an online presence and people are increasingly using digital applications for shopping, socializing and entertainment (Borle et. al., 2021). Many workplaces have now adopted remote working mechanisms with the use of learning management platforms (Derr, et. al., 2015). Employees are required to use virtual communication email, text, video conferencing, etc. to meet the demands of their job (Derr et. al., 2015). According to Borle et. al. (2021), these pressures have led to technostress, which are symptoms of anxiety and psychological distress produced by continuous information technology interaction and overload. High levels of psychological stress have been linked to "burnout" and poor job performance (Asif et. al., 2020, Brooks et. al., 2020; Borle et. al., 2021, Martínez et. al., 2020).

Macro-level financial pressures, organizational dysfunction, lack of leadership, and poor communication can increase workplace incivility and fuel conflict (Bai et. al., 2015). This can lead to increased absenteeism, reduced organizational commitment (Ye et. al., 2017), reduced job satisfaction, increased turnover intentions (Bai et. al., 2015, Babalola et. al., 2016, Chung, 2015), affected mental health, well-being (Asif et. al., 2020, Brooks et. al., 2020; Borle et. al., 2021, Martínez et. al., 2020), withdrawal behaviors and distress (Cénat et. al., 2020).

Individual characteristics also play a role in the manifestation of conflict in the workplace (Ayub et. al., 2017). Meng et. al. (2015) found that conflict management styles are indicative of an individual's general tendency to engage repeatedly in a certain type of conflict behavior across situations. These traits are relatively stable personal dispositions (Neuman & Baron, 2005). Those with dominant traits tend to go against processes and procedures established by organizational leaders to manage conflict in the workplace (Ayoko, 2016). While individuals with passive traits may experience bullying and harassment from colleagues and managers without expressing their psychological pain. The long-term consequences of toxic work environments can lead to serious harm for individuals and the organization (Chung, 2015).

To mitigate conflict in the workplace, alternative dispute resolution (ADR) methods should be adopted and operationalized (Babalola et. al., 2016, Miller, 2017). Training and education with cognitive and behavioral training should be offered to individuals and teams within the organization to optimize performance and strengthen work culture (Bai et. al., 2015, Meng et. al., 2015). Additionally, workers that have been victims of bullying must be supported with EAP counseling and provided legal resources to seek justice.

Dr.Vinita Puri

References

Asif, S., Mudassar, A., Shahzad, T. Z., Raouf, M., and Pervaiz, T. (2020). Frequency of depression, anxiety, and stress among university students. Pakistan Journal of Medical Science. 36-39

Ayoko, O. B. (2016). Workplace conflict and willingness to cooperate: The importance of apology and forgiveness. International Journal of Conflict Management, 27, 172-198. doi:10.1108/IJCMA-12-2014-0092

Ayub, N., AlQurashi, S. M., Al-Yafi, W. A., & Jehn, K. (2017). Personality traits and conflict management styles in predicting job performance and conflict. International Journal of Conflict Management, 28, 671-694. doi:10.1108/IJCMA12-2016-0105

Babalola, M., Stouten, J., Euwema, C., & Ovadje, F. (2016). The relation between ethical leadership and workplace conflicts: The mediating role of employee resolution efficacy. Journal of Management, 44(5), 1-51. doi:10.1177/0149206316638163

Bai, Y., Harms, P., Han, G. H., & Cheng, W. (2015). Good and bad simultaneously? Leaders using dialectical thinking foster positive conflict and employee performance. International Journal of Conflict Management, 26, 245-267. doi:10.1106/IJCMA-09-2014-0070

Chung, Y. W. (2015). The mediating effects of organizational conflict on the relationships between workplace ostracism with in-role behavior and organizational citizenship behavior. International Journal of Conflict Management, 26, 366-385. doi:10.1108/IJCMA-01-2014-0001

Derr, A. S., Lindhorst, T., & Moylan, C. A. (2015). Increasingly mobile: How new technologies can enhance qualitative research. Qualitative Social Work, 14, 36- 47. doi:10.1177/1473325013516988

Borle P, Reichel K, Niebuhr F, Voelter-Mahlknecht S. (2021). How Are Techno-Stressors Associated with Mental Health and Work Outcomes? A Systematic  Review of Occupational Exposure to Information and Communication Technologies within the Technostress Model. International Journal of Environmental Responses to Public Health, 645–687.

Brooks, S. K., Webster, R. K., Smith, L. E., Woodland, L., Wessely, S., Greenberg, N., et al. (2020). The psychological impact of quarantine and how to reduce it: rapid review of the evidence. Lancet, 912–920.

Cénat, J. M., Noorishad, P. G., Blais-Rochette, C., McIntee, S. E., Mukunzi, J. N., Darius, W. P., et al. (2020). Together for hope and resilience: a humanistic experience by the vulnerability, trauma, resilience and culture lab members during the COVID-19 Pandemic. Journal of Loss and Trauma, 643–648.

Neuman,1. H., & Baron, R. A. (2005). Aggression in the workplace: A socialpsychological perspective. In S. Fox & P. E. Spector (Eds.), Counterproductive work behavior: Investigations of actors and targets American Psychological Association.

Martínez, J. P., Méndez, I., Ruiz-Esteban, C., and Fernández-Sogorb, A. (2020). Profiles of burnout, coping strategies and depressive symptomatology. Frontiers in Psychology 111-159. doi:10.1177/1742715018807042

Meng, J., Fulk, J., & Yuan, Y. C. (2015). The roles and interplay of intragroup conflict and team emotion management on information seeking behaviors in team contexts. Communication Research, 42, 675-700. doi:10.1177/0093650213476294

 Miller, L. M. (2017). Negotiating conflict resolution from "the eye of the storm". International Journal of Conflict Management, 28, 166-181. doi:10.1108/IJCMA09-2015-0059

Ye, Z., Liu, H., & Gu, J. (2017). Relationships between conflicts and employee perceived job performance. Job satisfaction as mediator and collectivism and moderator. International Journal of Conflict Management, 30, 706-728. 10.1108/IJCMA-01- 2019-0010

 

 

Evolving theories of law

Our modern legal system has evolved, many times over. The term "evolution" is usually associated with biological evolution, but this concept can describe how we as human beings have evolved mentally, emotionally, and socially over the course of history. Anthropological research in this area has provided evidence of customs and traditions that were adopted by aboriginal societies (Becker, 1968). Eventually feudal empires were established, and powerful Lords offered protection in exchange for obedience and labor (Tyler, 1990). This period of history can be attributed to the "natural law" tradition. Natural law theory is the earliest of all theories. It was developed in Greece by philosophers like Heraclitus, Socrates, Plato, and Aristotle. It was then followed by other philosophers like Gairus, Cicero, Aquinas, Gratius, Hobbes, Lock, Rousseau, Kant, and Hume. In their studies of the relation between nature and society, these philosophers have arrived at the conclusion that there are two types of law that govern social relations. According to Becker (1968) one of them is made by human beings to control one another (positive laws) and the other is made by the Divine or "Englightened King" (natural laws). Religious scholars have advocated for natural law as they believe that humans are a creation of nature and nature itself dictates how they should live. Some scholars of natural law, however, insist that through nature human beings can understand what is right and what is wrong. According to this theory, what is good and what is evil is already known to humans upon birth; anything which harms a human's mind, body or being is wrong (Becker, 1968).

Theories of natural law circle around what is considered moral or immoral. Therefore, there is a link a between the morals of humans and the law they follow. The Declaration of Independence and the Bill of Rights are both heavily based on natural law. Thomas Jefferson even cited natural law in the Declaration of Independence, calling it 'the laws of Nature and of Nature's God (Tyler, 1990). The Age of Enlightenment, however, challenged assumptions of moral righteousness and emphasized human "reason" to objectively evaluate evidence to administer justice. In this new world, it became critically important for law to appear as a rational system (Tyler, 1990).  Blackstone described the "science of law" which he conceived had been "committed to his charge, to be cultivated, methodized and explained." According to Becker (1968), he urged the prospective lawyer "to lay the foundation for his future labors in a solid scientifical method," and reminded him that "law is to be considered not only as matter of practice, but also as a rational science." The dominant philosophy on which many criminal or penal systems are based is the capacity theory of responsibility. This theory assumes that most people in society can fully evaluate the consequences of their decisions. If they "choose" to break the law, it is because it is intentional, and the individual is immoral. Some schools of thought have challenged capacity theory by arguing that some people follow the law simply because they perceive the legal institutions and authorities as legitimate. According to Bottoms & Tankebe (2012) perceived legitimacy can significantly predict the likelihood an individual "chooses" to be obedient. One of the most influential psychological approaches to explaining the link between legitimacy and obedience for the law is legitimacy theory (Tankebe, 2013).

            Critical legal perspectives, including "realism" first emerged during 1970s (Tyler, 2000). Advocates of this approach challenge the contradictions of the legal and political systems. They argue that the purpose of the law should be to promote social justice and welfare for all, not just the dominant few. It is argued that those who have historically colonized and controlled populations around the world may continue to use legal processes and tools to perpetuate inequality (Bottoms & Tankebe, 2012). In line with this paradigm shift, TJ inherently favors outcomes that advance human dignity and psychological well-being. Starting with original groundings in mental health and mental disability law, criminal law, and problem-solving courts, and with a geographic focus on the United States, TJ now embraces many aspects of law and policy and presents a strong international orientation. In addition to formal applications in judging and lawyering, TJ's application has expanded to fields such as: family law, education settings, forensic psychology, psychiatry, elder law, employment law, and military law. Moreover, we find international adopters in many lands, including Canada, France, Sweden, Australia, New Zealand, and even Pakistan.

Prof. Dr. Lakshman Madurasinghe and Dr. Vinita Puri

References

 

Becker, G. S. (1968). Crime and punishment: An economic approach. Journal of Political Economy, 76, 169–217. Retrieved from: http://www.nber.org/books/beck74-1

Bottoms, A., & Tankebe, J. (2012). Beyond procedural justice: A dialogic approach to legitimacy in criminal justice. Journal of Criminal Law and Criminology, 102, 119–170. http://dx.doi.org/0091-4169/12/10201-0119 .

Tankebe, J. (2013). Viewing things differently: The dimensions of public perceptions of police legitimacy. Criminology, 51, 103–135. http://dx.doi.org/10.1111/j.1745- 9125.2012.00291.x.

Tyler, T. R. (1990). Why people obey the law. Oxford: Princeton University Press.

Tyler, T. R. (2000). Social justice: Outcome and procedure. International Journal of Psychology, 35, 117-125. http:// dx.doi.org/10.1080/002075900399411.

Tyler, T. R. (2001). Public trust and confidence in legal authorities: What do majority and minority group members want from the law and legal institutions? Behavioral Science and the Law, 19, 215-235. http://dx.doi.org/10. 1002/bsl.438.

Impact of Workplace Bullying

Workplace bullying is a persistent pattern of mistreatment from others in the workplace that causes either physical or emotional harm. It can include such tactics as verbal, nonverbal, psychological, and physical abuse (Boudrias et. al., 2021). The stress that is triggered by experiences such incidents can lead to devastating outcomes for one's mental and physical wellbeing (Trépanier et. al., 2013). According to Boudrias et. al. (2021), the long-term health problems experienced by victims of bullying result in a sense of helplessness and negative emotional states among employees (s). This has devastating consequences for organizations at all levels because of decreased productivity and morale, increased employee absences, high turnover rates, poor team dynamics, and reduced trust, effort, and loyalty from employees (Naseer & Raja, 2019).

Therapeutic jurisprudence (TJ) can be applied as a framework to prevent and address such issues in the workplace (McKenzie, 2015). TJ is a method through which justice and therapeutic consequences can be achieved. In the case of workplace bullying and harassment, TJ can be an extremely valuable framework for protecting victims and promoting the health and safety of the workplace. According to TJ, legal instruments and processes can be therapeutic and restorative for victims. The most effective dispute resolution strategy is mediation when supported by organizational leaders and operationalized through clear policies and processes (McKenzie, 2015). Mediation, as well as arbitration services, can be provided by qualified legal and clinical professionals with expertise in conflict resolution and emotional intelligence (Boudrias et. al., 2021).

Legal remedies for workplace bullying and harassment can be appropriately addressed when victims and witnesses are able to collate evidence on bullying and harassment incidents. Naseer & Raja (2019) suggest keeping copies of threatening notes, comments, or emails can help prove to bully (e.g., overly harsh commentary on assigned work, inappropriate jokes, etc.). Additionally, keeping a journal of the dates, times, specific location where the bullying took place, the number of people who were in the room, and other relevant details can support legal action. Céleste et. al. (2010) argues that it is the employer's duty to provide workers with information on their rights and responsibilities as it pertains to health and safety in the workplace. Those who receive adequate training and resources are less likely to experience poor outcomes at the individual, interpersonal and organizational levels.

Dr. Vinita Puri, Governor, T.J. Centre AUGP the USA

References

Boudrias, V., Trépanier, S.-G., & Salin, D. (2021). A systematic review of research on the longitudinal consequences of workplace bullying and the mechanisms involved. Aggression and Violent Behavior,56. https://doi.org/10.1016/j.avb.2020.101508

Céleste M. Brotheridge, & Raymond T. Lee. (2010). Restless and confused: Emotional responses to workplace bullying in men and women. Career Development International, 15(7), 687–707.

McKenzie, D. M. (2015). The role of mediation in resolving workplace relationship conflict. International Journal of Law and Psychiatry, 39, 52–59. https://doi.org/10.1016/j.ijlp.2015.01.02

Naseer, S., & Raja, U. (2019). Why does workplace bullying affect victims' job strain? Perceived organization support and emotional dissonance as resource depletion mechanisms.

Current Psychology: A Journal for Diverse Perspectives on Diverse Psychological Issues. https://doi.org/10.1007/s12144-019-00375-x

Trépanier, S.-G., Fernet, C., & Austin, S. (2013). Workplace bullying and psychological health at work: The mediating role of satisfaction of needs for autonomy, competence and relatedness. Work & Stress, 27(2), 123–140. https://doi.org/10.1080/02678373.2013.782158

 

Therapeutic Jurisprudence and Behavioural Sciences

Therapeutic jurisprudence has significant implications for legal practice, offering an approach that promotes a more comprehensive resolution of legal problems and a more personally rewarding experience for both client and lawyer. It suggests that legal problems need to be considered in the context of the client's overall wellbeing. Of course, the best interest of the client has always been a primary concern of lawyers and wellbeing is often a part of that consideration. However, therapeutic jurisprudence suggests that findings from the behavioral sciences can be used to enable a lawyer to take a systematic and comprehensive approach to promote client wellbeing in all cases

Antipsychotic Medication Violation of 14th Amendment Rights

In Riggins v. Nevada, the United States Supreme Court considered whether the forced administration of antipsychotic medication during trial violated the defendant's Sixth and Fourteenth Amendment rights. In a seven to two decision, the Court concluded that the lower courts' failure to acknowledge Riggins' liberty interest in freedom from continual, involuntary antipsychotic drug treatment without any determination regarding the need for antipsychotic medication or any consideration of reasonable alternatives constituted reversible error.

The Court stated that such error may have violated Riggins' right to a full and fair trial."

The Court reasoned that Riggins' rights at trial possibly were impaired because the side effects of the medication may have impacted his outward appearance, the content of his testimony, his ability to follow the proceedings or the substance of his communication with counsel.

Legal Practice

Therapeutic jurisprudence has significant implications for legal practice, offering an approach that promotes a more comprehensive resolution of legal problems and a more personally rewarding experience for both client and lawyer. It suggests that legal problems need to be considered in the context of the client's overall wellbeing. Of course, the best interest of the client has always been a primary concern of lawyers and wellbeing is often a part of that consideration. However, therapeutic jurisprudence suggests that findings from the behavioural sciences can be used to enable a lawyer to take a systematic and comprehensive approach to promoting client wellbeing in all cases.

The most visible illustration of therapeutic legal practice is in the work of lawyers representing clients in problem-solving courts. However, client wellbeing is an integral part of a diverse range of legal problems. For example, family law litigation concerns not only financial and child issues but also the wellbeing of separating parties and their children and the need to promote healing.

Click to read

Legal and Judicial Education

Lawyers and judges have traditionally been trained for operation within a largely adversarial approach to the law. Students entering law school commonly have an adversarial conception of the law based on their experience of dramatic portrayal of court cases in popular literature and the media. Law teaching reinforces an adversarial approach through an isolated study of cases decided on appeal involving a dispassionate analysis of fact and law. Law teaching has not taught the role of emotions in the practice of law, teaching a dispassionate approach to the legal practice and judging. The teaching of interpersonal skills has also been largely lacking.

Therapeutic jurisprudence suggests that legal and judicial education should be more comprehensive. While knowledge of the law and analytical, writing and adversarial court advocacy skills are important, it asserts that interpersonal skills are also vital. The ability to listen, to be sensitive to the emotions of others, to express empathy, to be aware of body language, to be able to communicate effectively and sensitively with others are important interpersonal skills that assist in a therapeutic legal and judicial practice. They enable both lawyer and judicial officer to promote voice, validation and respect - which research has found promote litigant satisfaction and respect for the justice system.

Click to read

Therapeutic Jurisprudence as a model for rehabilitation

FROM AN ARTICLE I SUBMITTED TO THE BAR ASSOCIATION JOURNAL IN 2004

Therapeutic Jurisprudence looks to the interface between mind and body for substantiation on the explanation for cerebral and behavioural dysfunction and for the means of its resolution. According to this approach, the physical nervous system is the means by which the inner core of the person is expressed. A healthy, positive and fulfilled mind requires a healthy nervous system. Imbalance within, the nervous system occurs thanks to the impact of stressful situations. There are situations in life that will overpower a weak nervous system like grief, maltreatment, family breakdown, crime, poverty, severance, and ruin.

The result is a physical change in the nervous system called stress. The quality of the individual nervous system and its managing capability and thus the nature of a stressful life event will determine how it reacts to worry. Medicine recognizes the adverse impact that stress produces on physical and cerebral functioning. Research suggests that stress causes impairment within the functioning of the brain. It also has been found that stress results in problems like anxiety, wakefulness, posttraumatic stress complaint, medicine abuse, and crime.

Natural law is in fact the name of one of the main approaches within western justice. Western natural law proposition emphasizes that humans are rational by nature and should be ordered according to objective and universal principles deduced from mortal nature or, as some suggest self-evidently perfective of that nature. The results of such an ordering are claimed to be the creation of happiness and fulfillment.

Still, the remedial approach to natural law isn't innovated upon the tried ordering of life according to reason or the derivate of principles of right conduct through practical logic as is supported by some natural law proponents. The law or order seen in humanity by us is expressed within the ingrained tendency in trait to develop, to grow to full eventuality through the progressive optimization of the psyche. We see that tendency to be an illustration of the expansion that is seen within the natural terrain. According to our approach, the source of that tendency is the inner core of humans. The enjoyment of full eventuality is the basis for happiness, fulfillment, and right action and is attained through ways that remove cerebral imbalance and promote self-fulfillment. 

A completely developed individual acts consonant with other populace and consonant with nature. Therapeutic justice sees the part of the law to be the creation of full individual development.
While we admit the part logic plays in guiding act, we also see the logic to be a specific model of the functioning of the entire person. According to this approach, each aspect of the psyche and thus the functioning of the physiology must be taken under consideration in considering the right action.

 There are elements in the writings of early Western philosophers such as Plato, Cicero, Marcus Aurelius, and Aquinas that are similar to those emphasized in our approach to natural law: the location of the source of natural law within the individual; the use of an inner technology to promote self-development; and the development of the full potential of the individual as a means of promoting right action (King, 1997). However, the methods advocated by these philosophers have not been widely used in the West and their practical relevance has been lost.

The psyche thus ranges from the senses that bring in information from the terrain, the mind that receives that information and is the container of memory; the intellect that discriminates, the position of feeling and suspicion which support the decision-making process and thus the pride, the sense of "I" that synthesizes the experience of every other aspect of the psyche.

Inner self, though there is no abiding person, has two connotations: lower self and higher Self. The lower self is that aspect of the personality that deals only with the relative or changing aspect of existence. It comprises the mind that thinks, the intellect that decides, the ego that experiences. This lower self functions only in the relative states of existence: waking, dreaming, and deep sleep.

 The law also recognizes that psychological imbalance impedes right action. In sentencing an offender, a court must look into the need to require an offender to have appropriate counseling or treatment to resolve psychological issues that lead to offending. However, a closer inspection of the concept of the psyche presented in our model suggests that it is richer than that underlying common criminal justice principles such as deterrence and rehabilitation.

Indeed, most of us who visit a counselor's office for advice and representation do so in reference to a law problem that arose from and/ or generates stress in our lives. Those seeking a divorce suffer the life-wrenching stress of a broken relationship; those injured in an accident go through the trauma of inhibition in day to day performing and, in some cases, the loss of work; and lots of malefactors have a history of life trauma or have had the mischance of a stressful life event that has rained their offending behaviour. Further, the court process itself into which these guests come is frequently foreign, alienating, and stressful.

Members of the bar and judiciary have also paid increasing attention to the consequences of stress in their own lives. Though some judges are skeptical about stress having any applicability to the bar, others have stressed large caseloads, the demand for prompt opinions, increased media scrutiny, and increased demands from the bar as sources of stress. For attorneys, the demands of billing to meet raised targets, having to meet deadlines, the lack of conditioning outside the law and consequent imbalance in life, the inimical nature of the practice of law and increased dissatisfaction with the character of legal practice are reported as sources of stress. Judges and attorneys also aren't vulnerable to life traumas common to humanity like relationship breakdown, illness and grief.

For Therapeutic justice, the matter of stress and thus the absence of the event of full inner eventuality are issues that need to be addressed to request the good ideal of the law fostering self-development. Generally, for the attainment of this thing, the law has been directed to the attainment and preservation of two essential principles freedom and justice. The primary focus of everyone has been in terms of the external expression of life. Hence, freedom of speech, freedom of movement, freedom of religion such like have been cherished in human rights affirmations and in legal and political writings as enabling people to completely explore and express their individuality.

The law has sought to promote social justice by furnishing equal occasion in terms of access to education, training, and employment and to the material goods necessary to promote the expression of individual tastes and interests and thus the development of the self.

Still, Remedial justice points out that a person may enjoy the freedoms cherished by the law and have access to abundant material coffers and still not enjoy fulfillment in life or attain full development. Indeed, similar people may suffer from problems like cerebral and social dysfunction and be engaged in felonious behavior and substance abuse. In addition to the fabric freedoms, the necessity is for inner freedom — freedom from stress and thus the attendant dysfunction. From this station, justice requires giving people access to knowledge and ways that promote similar freedom. This also applies to the division of justice to malefactors.

The operation of discipline could serve the demand for retribution but as an instrument of crime forestallment and recuperation, it's limited in its capability to stop offending for it doesn't give the lawbreaker the means to resolve life stress that has led to offending behasviour nor the means to deal with life challenges in the future.  The same critique applies in relation to the use of systems of reasoning or educating people as to what is right or wrong: they do not remove psychological dysfunction.

A Paradigm shift in thinking

The principal technique used to resolve the problem of stress and to promote the development of the individual is a value-based spiritual model while the behavioural focus stresses on guided count down deep relaxation technique that also focuses on an eight-point removal of negative traits that are ingrained. During the practice of relaxation, the body settles down and attains a deep level of rest—a level far more profound than simply sitting down and closing the eyes. Rest is a natural healing mechanism of the body. The deep level of rest gained during this practice dissolves stress and fatigue and thereby alleviates a wide range of physical and psychological problems.

The state of awareness gained through this practice of relaxation is fundamentally different from other states of mind. Although the body is deeply rested, unlike in sleep the mind remains perfectly alert This is the experience of that aspect of the psyche referred to above as 'the Higher Self'. Researchers have found records of the experience of inner silence in literature from writers from diverse fields, centuries, and nations suggesting that the experience is not culture-specific but universal to the human condition..

The behavioural principle is that the regular experience of pure stillness facilitates functional and organizational changes in the brain that promote the progressive optimization of each aspect of the psyche and the unfolding of full potential in life. 

Research on relaxation methods provides significant support for this model of human development and its explanation for dysfunctional behavior. In considering research on stress reduction and self-development techniques generally, it is important to note that techniques differ from each other in how they are practiced and in their effects on the mind and body. 

On a behavioral level, findings include improved marital relations, improved productivity and employee relations at work, and decreased substance abuse and recidivism. Typically, rehabilitation programs reduce offender recidivism by 10% with the higher rate of 25-30% being achieved with appropriately targeted programs. A recent study tracked offenders who had learned silence-inducing techniques while in the Californian prison system. It found that over a 15 years following release they had 43.5 % fewer new convictions than a control group.

 Impact on  Legal Practice and Legal Education

The legal method, with its emphasis on the intellect and reasoning processes, has been seen to fragment the lawyer's personality, alienating him or her from feeling and intuition and from deeper levels of the self within. Such fragmentation inevitably adversely impacts psychological well-being and the ability of the lawyer to lead a happy and fulfilling life. Some have suggested that there is a lack of spirituality in legal practice, with lawyers lacking inner directedness. Further, questions have been raised as to the worth of legal practice with its emphasis on the intellect over feeling, winning over a satisfactory outcome for all and long hours spent in generating income for the practice over a balanced life that allows for both inner and outer development and fulfillment. 

From the perspective of Therapeutic jurisprudence, the law needs to move beyond a conception of the personality that emphasizes the pre-eminence of reason. Wholeness of personality comes not from the subjection of the personality to reason, but from the optimization and integration of the psyche through the direct experience of deep silence. Such experience brings about the resolution of psychological dysfunction and integrated and measurable development in mind, body and behavior. As a result, perception, feelings, thinking and decision-making aspects of the personality operate in harmony. This is the healing of the psyche at the most profound level. However, the lack of the inner experience of the inner core and the accumulation of stress by the nervous system produces dysfunction in the different aspects of the psyche and inhibits the full development of the individual. 

Dysfunction in lawyers can fundamentally be seen to be a function of the system that produces them: legal education. Indeed, in several Western countries law students are reported to have depression and anxiety rates almost four times that of the general population (Sells 1994, 42). Sells attributes such problems not only to the pressures of legal education but to the inordinate focus on objectivity in legal education. Law students are taught to view a legal problem dispassionately, using the techniques of abstraction and reasoning. He says that problems emerge when objectivity becomes more than a way of approaching legal problems but a way of life when one is limited to a particular and restricted way of looking at the world.

Prof.Lakshman Madurasinghe