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In a world of its own : how operative closure limits the law's ability to protect children from maltreatment Peploe, Matthew

By: Material type: TextTextPublication details: Hamilton, [N.Z.] University of Waikato 2008Description: 157 p. ; computer file : PDF format (1.04Mb)Other title:
  • A thesis submitted in partial fulfilment of the requirements for the degree of Master of Laws at The University of Waikato
Subject(s): Online resources:
Contents:
CHAPTER 1 INTRODUCTION .................................................................. 1 CHAPTER 2 THE LAW IS A CLOSED SYSTEM ...................................... 6 2.1 Introduction ..................................................................
Summary: The purpose of this thesis is to understand what the legal system can do to protect children in New Zealand from maltreatment and why legal responses to child maltreatment often appear to be ineffectual or of limited effect. The focus of the thesis is on developing an understanding of the way in which the law operates on a systemic level. The author uses the systems theories of Luhman and Teubner to argue that the law is limited in its ability to protect children from maltreatment because the legal system creates and responds to its own world, rather than the world as experienced by human beings. In relation to protecting children in New Zealand from maltreatment the author recommends that attempts to protect children need to move beyond politically expedient law reform to address the wider context of children's lives through social policy initiatives that address poverty, housing difficulties and cultural conceptions regarding the acceptability of family violence. Although advocates for children generally recognise the importance of a contextual response to child maltreatment, the conclusions of this thesis emphasise the importance of this approach. The author also recommends that consideration should therefore be given to altering the qualifications for Family Court judges to require not only legal but psychological or social work expertise and experience.
Holdings
Item type Current library Call number Status Barcode
Access online Access online Vine library Online Available ON13020163

Thesis (LLM)--University of Waikato, 2008

CHAPTER 1 INTRODUCTION .................................................................. 1 CHAPTER 2 THE LAW IS A CLOSED SYSTEM ...................................... 6 2.1 Introduction ..................................................................

The purpose of this thesis is to understand what the legal system can do to protect children in New Zealand from maltreatment and why legal responses to child maltreatment often appear to be ineffectual or of limited effect. The focus of the thesis is on developing an understanding of the way in which the law operates on a systemic level. The author uses the systems theories of Luhman and Teubner to argue that the law is limited in its ability to protect children from maltreatment because the legal system creates and responds to its own world, rather than the world as experienced by human beings. In relation to protecting children in New Zealand from maltreatment the author recommends that attempts to protect children need to move beyond politically expedient law reform to address the wider context of children's lives through social policy initiatives that address poverty, housing difficulties and cultural conceptions regarding the acceptability of family violence. Although advocates for children generally recognise the importance of a contextual response to child maltreatment, the conclusions of this thesis emphasise the importance of this approach. The author also recommends that consideration should therefore be given to altering the qualifications for Family Court judges to require not only legal but psychological or social work expertise and experience.

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