000			01703nam a2200241Ia 4500
001			112173
005			20250625151245.0
008			110331s2000 eng
040			_aWSS _dAFV
100			_aDixon, Garlyn _91055
245			_aCracks in the foundation : _ba critical analysis of judicial reasoning and the discoverability rule in sexual abuse cases _cDixon, Garlyn
260			_c2000
300			_a50 p.
365			_a00 _b0
500			_aResearch papers. Law, Advanced legal writing. LL.M. Victoria University of Wellington. Available to view at Victoria University Library.
520			_aThis paper discusses legal theory in relation to judicial decision making and compares formalism and substantialism in the context of the development of civil law in relation to historical sexual abuse claims. The paper explores judicial attitudes towards women, from a feminist perspective, and discusses how the law could be developed to facilitate greater utility and equality for women. The paper promotes a more principled approach to judicial reasoning to facilitate legal development that supports and enhances judicial autonomy and accountability. Adopting a principle-oriented approach means a greater articulation of reasons for decisions, a wider use of contemporary knowledge so as to reflect modern insights and challenges to the law, and decisions which are able to be more relevant and responsive to the reasonable expectations of the community.--AUTHOR'S ABSTRACT
650	2	7	_2FVC _aDECISION MAKING _9185
650	2	7	_2FVC _aJUSTICE _9333
650	2	7	_2FVC _aLEGISLATION _9346
650	2	7	_2FVC _aRAPE _9488
650	2	7	_2FVC _aSEXUAL ABUSE _914001
650	2	4	_aSEXUAL VIOLENCE _9531
999			_c3209 _d3209