An Overview

Therapeutic jurisprudence is the study of the role of the law as a therapeutic agent. It examines the law's impact on emotional life and on psychological well-being, and the therapeutic and antithera-peutic consequences of the law. It is most applicable to the fields of mental health law, criminal law, juvenile law and family law.

The general aim of therapeutic jurisprudence is the humanising of the law and addressing the human, emotional and psychological side of the legal process. It promotes the perspective that the law is a social force that produces behaviours and consequences. Therapeutic jurisprudence strives to have laws made or applied in a more therapeutic way so long as other values, such as justice and due process, can be fully respected. It is important to recognise that therapeutic jurisprudence does not itself suggest that therapeutic goals should trump other goals. It does not support paternalism or coercion by any means. It is simply a way of looking at the law in a richer way, and then bringing to the table some areas and issues that previously have gone unnoticed. Therapeutic jurisprudence simply suggests that we think about the therapeutic consequences of law and see if they can be factored into the processes of law-making, lawyering, and judging.

The law can be divided into the following categories: (1) legal rules, (2) legal procedures, such as hearings and trials and (3) the roles of legal actors - the behaviour of judges, lawyers, and of therapists acting in a legal context. Much of what legal actors do has an impact on the psychological well-being or emotional life of persons affected by the law, for example, in the dialogues that judges have with defendants or that lawyers have with clients. Therefore, therapeutic jurisprudence is especially applicable to this third category.

Therapeutic jurisprudence is a relatively new phenomenon. In the early days of law, attitudes were very different and efforts were focused primarily on what was wrong with various sorts of testimony. While there were good reasons for that early emphasis, an exclusive focus on what is wrong, rather than also looking at what is right and how these aspects could be further developed, is seriously shortsighted. Therapeutic jurisprudence focuses attention on this previously under-appreciated aspect, encouraging us to look very hard for promising developments, and to borrow from the behavioural science literature, even when this literature has nothing obviously to do with the law. It encourages people to think creatively about how promising developments from other fields might be brought into the legal system.

Recently, as a result of this multidisciplinary approach, certain kinds of rehabilitative programmes have begun to emerge that look rather promising. One type of cognitive behavioural treatment encourages offenders to prepare relapse prevention plans which require them to think through the chain of events that lead to criminality. These reasoning and rehabilitation-type programmes teach offenders cognitive self-change, to stop and think and figure out consequences, to anticipate high-risk situations, and to learn to avoid or cope with them. These programmes, so far, seem to be reasonably successful.

From a therapeutic jurisprudence standpoint, the question is how these programmes might be brought into the law. In one obvious sense, these problem-solving, reasoning and rehabilitation-type programmes can be made widely available in correctional and community settings. A way of linking them even more to the law, of course, would be to make them part of the legal process itself. The suggestion here is that if a judge or parole board becomes familiar with these techniques and is about to consider someone for probation, the judge might say, I'm going to consider you but I want you to come up with a preliminary relapse prevention plan that we will use as a basis for discussion. I want you to figure out why I should grant you probation and why I should be comfortable that you're going to succeed. In order for me to feel comfortable, I need to know what you regard -to be high-risk situations and how you're going to avoid them or cope with them.'

If that approach is followed, courts will be promoting cognitive self-change as part and parcel of the sentencing process itself. The process may operate this way; an offender would make a statement like 'I realise I mess up on Friday nights; therefore, I propose that I will stay at home on Friday nights.' Suddenly, it is not a judge imposing something on the offender. It's something that the offender has come up with him or herself, so he or she should think it is fair. If a person has a voice in his rehabilitation, then he is more likely to feel a commitment to it, and with that commitment, presumably, compliance will increase dramatically.

WHY WE SLEEP

As the field of sleep research is still relatively new, scientists have yet to determine exactly why people sleep. However, they do know that humans must sleep and, in fact, people can survive longer without food than without sleep. And people are not alone in this need. All mammals, reptiles and birds sleep.

Scientists have proposed the following theories on why humans require sleep:

• Sleep may be a way of recharging the brain. The brain has a chance to shut down and repair neurons and to exercise important neuronal connections that might otherwise deteriorate due to lack of activity.

• Sleep gives the brain an opportunity to reorganise data to help find a solution to problems, process newly-learned information and organise and archive memories.

• Sleep lowers a person's metabolic rate and energy consumption.

• The cardiovascular system also gets a break during sleep. Researchers have found that people with normal or high blood pressure experience a 20 to 30% reduction in blood pressure and 10 to 20% reduction in heart rate.

• During sleep, the body has a chance to replace chemicals and repair muscles, other tissues and aging or dead cells.

• In children and teenagers, growth hormones are released during deep sleep.

When a person falls asleep and wakes up is largely determined by his or her circadian rhythm, a day-night cycle of about 24 hours. Circadian rhythms greatly influence the timing, amount and quality of sleep.

For many small mammals such as rodents, sleep has other particular benefits, as it provides the only real opportunity for physical rest, and confines the animal to the thermal insulation of a nest. In these respects, sleep conserves much energy in such mammals, particularly as sleep can also develop into a torpor, whereby the metabolic rate drops significantly for a few hours during the sleep period. On the other hand, humans can usually rest and relax quite adequately during wakefulness, and there is only a modest further energy saving to be gained by sleeping. We do not enter torpor, and the fall in metabolic rate for a human adult sleeping compared to lying resting but awake is only about 5-10%.

A sizeable portion of the workforce are shift workers who work and sleep against their bodies' natural sleep-wake cycle. While a person's circadian rhythm cannot be ignored or reprogrammed, the cycle can be altered by the timing of things such as naps, exercise, bedtime, travel to a different time zone and exposure to light. The more stable and consistent the cycle is, the better the person sleeps. Disruption of circadian rhythms has even been found to cause mania in people with bipolar disorder.

The 'seven deadly sins' formulated by the medieval monks included Sloth. The Bible in Proverbs 6:9 includes the line: 'How long will you sleep, O sluggard? When will you arise out of your sleep?' But a more nuanced understanding of sloth sees it as a disinclination to labour or work. This isn't the same as the desire for healthy sleep. On the contrary, a person can't do work without rest periods and no one can operate at top performance without adequate sleep. The puritan work ethic can be adhered to and respect still paid to the sleep needs of healthy humans. It is wrong to see sleep as a shameful activity.

Usually sleepers pass through five stages: 1, 2, 3, 4 and REM (rapid eye movement) sleep. These stages progress cyclically from 1 through REM then begin again. A complete sleep cycle takes an average of 90 to 110 minutes. The first sleep cycles each night have relatively short REM sleeps and long periods of deep sleep but later in the night, REM periods lengthen and deep sleep time decreases. Stage 1 is light sleep where you drift in and out of sleep and can be awakened easily. In this stage, the eyes move slowly and muscle activity slows. During this stage, many people experience sudden muscle contractions preceded by a sensation of falling. In stage 2, eye movement stops and brain waves become slower with only an occasional burst of rapid brain waves. When a person enters stage 3, extremely slow brain waves called delta waves are interspersed with smaller, faster waves. In stage 4, the brain produces delta waves almost exclusively. Stages 3 and 4 are referred to as deep sleep, and it is very difficult to wake someone from them. In deep sleep, there is no eye movement or muscle activity. This is when some children experience bedwetting, sleepwalking or night terrors.

In the REM period, breathing becomes more rapid, irregular and shallow, eyes jerk rapidly and limb muscles are temporarily paralysed. Brain waves during this stage increase to levels experienced when a person is awake. Also, heart rate increases, blood pressure rises and the body loses some of the ability to regulate its temperature. This is the time when most dreams occur, and, if awoken during REM sleep, a person can remember their dreams. Most people experience three to five intervals of REM sleep each night. Infants spend almost 50% of their time in REM sleep. Adults spend nearly half of sleep time in stage 2, about 20% in REM and the other 30% is divided between the other three stages. Older adults spend progressively less time in REM sleep.

As sleep research is still a relatively young field, scientists did not discover REM sleep until 1953, when new machines were developed to monitor brain activity. Before this discovery it was believed that most brain activity ceased during sleep. Since then, scientists have also disproved the idea that deprivation of REM sleep can lead to insanity and have found that lack of REM sleep can alleviate clinical depression although they do not know why. Recent theories link REM sleep to learning and memory.