Having recognized that there can be both therapeutic and antitherapeutic effects of judicial decisions, I would like to offer this consideration concerning the use of therapeutic jurisprudence in the appellate courts. In his Article, Therapeutic Jurisprudence in the Appellate Arena, David Wexler asks, "Does the ability to issue advisory opinions enhance a court's ability to create 'therapeutic' doctrines?" As a general rule, courts are not allowed to issue advisory opinions and there are strong reasons for such a prohibition.
Sol Gothard, Therapeutic Jurisprudence in the Appellate Arena—A Louisiana Jurist's Response, 24 SEATTLE U. L. REV. 335 (2000).