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“The ladder of the law has no top and no bottom”: How therapeutic jurisprudence can give life to international human rights
Authors:Michael L Perlin
Institution:International Mental Disability Law Reform Project, Online Mental Disability Law Program, New York Law School, 185 West Broadway, New York, NY 10013, United States
Abstract:In the past two decades, therapeutic jurisprudence (TJ) has become one of the most important theoretical approaches to the law. But, there has, as of yet, been puzzlingly little written about the relationship between TJ and international human rights law. To be sure, there has been some preliminary and exploratory work on the relationship between TJ and international law in general, but virtually nothing on its relationship to international human rights law in a mental disability law context. This paper seeks to focus on this lack of consideration, to speculate as to why that might be, and to offer some suggestions as to how to infuse some new vitality and vigor into this important area of law and social policy.
Keywords:Therapeutic jurisprudence  Mental disability law  International human rights law  Right to counsel  Convention on the Rights of Persons with Disabilities
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