Therapeutic jurisprudence, preventive law, and creative problem solving - An essay on harnessing emotion and human connection

Combining the principles of therapeutic jurisprudence, preventive law, and creative problem solving reveals an overuse by legal professionals of a "ju dging" problem-solving style that emphasizes the problem-solving tools of o rder, power, and normative expectation. It neglects-sometimes even suppress es-human emotion and interpersonal relationship, which are also important t ools for solving problems. In contrast, psychologists often use an "accommo dation" style of problem solving that emphasizes emotion and human connecti on. Legal professionals could be more effective and contribute importantly to community discourse were they to incorporate the accommodation style mor e frequently in legal problem solving. Doing so poses some threat to formal equality and due process, but therapeutic jurisprudence and preventive law scholarship offer promising examples for reconciling the accommodation sty le with traditional liberal values.