In the American legal system, the myths surrounding judicial decision-making may pose significant impediments to achieving therapeutic jurisprudence. Courts, we are taught, are confined to the preexisting law, applying it to the conflict as the law itself requires that the conflict be framed. This is, in many ways that matter, a belief system that is not conducive to the therapeutic jurisprudence way.
Edward A. Dauer, The Power of Myth: A Comment on Des Rosiers' Therapeutic Jurisprudence and Appellate Adjudication, 24 SEATTLE U. L. REV. 297 (2000).