Month: October 2024

‘In this paper I will engage with a position Felicity Kaganas has often elaborated upon, and with which I agree, namely, that lawmakers often mistake law’s messaging for law’s power. In doing so I will focus on the law’s management of parental status and the performance of parental responsibility. I will argue that English law’s disaggregation of parental status and parental function should have enabled law to distance itself from involvement-by-presumption in the particularities of the disputes between parents and other carers about children, and enabled it to perform a better, more situation-sensitive role in the management of those disputes. It should have allowed for a more pragmatic, less ideological and generalised, decision-making process for particular disputes, and paid better attention to the actual children at the heart of those disputes. I argue that, given the limits of the power of law in resolving family disputes (which I also elaborate in the paper), law has a limited role in these situations. There are other orders of power – beyond law – which affect the way in which legal power works and may misdirect (or, at least, redirect) its ambitions.’

Full Story

Journal of Social Welfare and Family Law, 17th October 2024

Source: www.tandfonline.com