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Children, the Law and the Welfare Principle - Perspectives from North America (Hardcover)
Loot Price: R4,101
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Children, the Law and the Welfare Principle - Perspectives from North America (Hardcover)
Series: Children and the Law
Expected to ship within 12 - 17 working days
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This book continues the themes addressed by its two predecessors in
this mini-series by examining the role of the principle of the
welfare interests of the child in the law of the U.S. and Canada.
It provides a record of the key milestones in its development in
each country and conducts a comparative analysis of the
contemporary law relating to children in both. In doing so, it
focuses also on the Indigenous communities - the AN/AI and the
First Nations - of the U.S. and Canada respectively. By identifying
and analysing the functions of the principle in the public (care,
protection and control etc), in the private (matrimonial, adoption
etc), and in the hybrid (adoption from care, surrogacy etc) sectors
of family law, it builds a picture of the law relating to children
in the two countries and reveals significant jurisdictional
differences. By examining the legislation and related caselaw it
assesses the differential effect of the same legal framework on the
welfare of Indigenous and other children. In addition to a digest
of cases and legislation that identifies and tracks the role of
this legal principle, lawyers, academics and other researchers will
find a wealth of information on how it has evolved to reflect
corresponding changes in social mores. For those interested in
politics and social policy, there is much illuminating evidence on
how the law has balanced this principle relative to others within
both civil and criminal contexts.
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