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Child Abuse - Law and Policy Across Boundaries (Hardcover)
Loot Price: R3,934
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Child Abuse - Law and Policy Across Boundaries (Hardcover)
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Whilst there may be universal agreement that 'something must be
done' about child abuse, there is much less clarity about what
qualifies as child abuse and what should be done about it. Policy
makers often invoke the law at times of crisis which are seen to
demand a societal response. The presence of legislation on the
statute book or the creation of rules and protocols which
professionals must follow is one socially acceptable sign that the
problem has been recognised and that an effective response has been
implemented. In the last two decades of the twentieth century, the
numerous controversies about the response of public agencies and
the courts to allegations of child abuse, as well as campaigns to
reform the treatment of child witnesses in adversarial trial
systems, provided the impetus for legal reform in both criminal and
civil proceedings in England and Wales. These legal initiatives
were ad hoc responses to specific problems, and not part of a
coherent and integrated programme of reform across the criminal and
civil systems. Legislators and the courts in family, criminal, and
tort proceedings have constructed different liability and
evidential rules in parallel rather than in tandem with the other
courts adjudicating the same issues, and often regarding the same
child. Similarly reforms in other common law jurisdictions have
often been only partially understood by lawmakers in England and
Wales. This book looks across the legal and geographical boundaries
within which the legal discussion of child abuse is usually
confined. It considers the themes and policy considerations driving
each form of legal response to the problem of child abuse. It also
provides a detailed discussion of the law governing the trial of
allegations of child abuse in the key areas of family, criminal and
tort law in English law, and compares this with the approaches in
other common law jurisdictions using the adversarial mode of trial,
in particular in Canada, the United States, New Zealand and
Australia. In its breadth and depth, Child Abuse Law and Policy
Across Boundaries marks a significant contribution to the rapidly
evolving field of child protection law.
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