000 02647nam a2200289Ia 4500
001 116529
005 20250625151217.0
008 110331s2008 eng
040 _aWSS
_dAFV
100 _aPeploe, Matthew
_91893
245 _aIn a world of its own :
_bhow operative closure limits the law's ability to protect children from maltreatment
_cPeploe, Matthew
246 _aA thesis submitted in partial fulfilment of the requirements for the degree of Master of Laws at The University of Waikato
260 _aHamilton, [N.Z.]
_bUniversity of Waikato
_c2008
300 _a157 p. ; computer file : PDF format (1.04Mb)
365 _a00
_b0
500 _aThesis (LLM)--University of Waikato, 2008
505 0 0 _tCHAPTER 1 INTRODUCTION .................................................................. 1 CHAPTER 2 THE LAW IS A CLOSED SYSTEM ...................................... 6 2.1 Introduction ..................................................................
520 _aThe 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.
522 _anz
650 2 7 _2FVC
_aCHILDREN AT RISK
_9131
650 2 7 _2FVC
_aJUSTICE
_9333
650 2 7 _2FVC
_aSTATUTES
_9578
650 2 7 _9103
_aCHILD ABUSE
_2FVC
651 2 4 _aNEW ZEALAND
_92588
856 4 _uhttp://hdl.handle.net/10289/2231
942 _2ddc
_cTHESIS
999 _c2600
_d2600