000 | 02647nam a2200289Ia 4500 | ||
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001 | 116529 | ||
005 | 20250625151217.0 | ||
008 | 110331s2008 eng | ||
040 |
_aWSS _dAFV |
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100 |
_aPeploe, Matthew _91893 |
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245 |
_aIn a world of its own : _bhow operative closure limits the law's ability to protect children from maltreatment _cPeploe, Matthew |
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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 |
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300 | _a157 p. ; computer file : PDF format (1.04Mb) | ||
365 |
_a00 _b0 |
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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 |
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999 |
_c2600 _d2600 |