Family law without lawyers – A systems theory perspective
Bibliographic Data
| ID | 12284331 |
|---|---|
| Authors | Adrienne Barnett (0000-0002-8435-306X, Brunel Law School, Brunel University London, London, UK, corresponding author) |
| Year | 2017 |
| Volume | 39 |
| Issue | 2 |
| Pages | 223-245 |
| Publication date | 2017-03-27 |
| Open Access | No |
| Type | ARTICLE |
| Venue | The Journal of Social Welfare Law (JOURNAL) |
| Journal identifiers | ISSN: 0141-8033 • E-ISSN: 1469-9621 |
| Publisher | Taylor & Francis (PUBLISHER • GB) |
| DOI | 10.1080/09649069.2017.1306355 |
| OpenAlex | W2591586034 |
| Language | EN |
| Citations received | 2 |
| References cited | 21 |
Prior to the loss of legal aid for many litigants in private law Children Act proceedings occasioned by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, family lawyers were observed to pressurise victims of domestic violence to agree to unsafe contact orders. Drawing on Luhmann’s theory of autopoietic social systems, this article suggests that, since April 2013, family lawyers have been repositioned as the champions of victims of domestic violence, and considers what this tells us about the way in which family law is observed to operate without lawyers in many cases. It suggests that the problems that litigants in person create for the orderly running of proceedings and the continued operations of the legal system have led to a perceived crisis for justice, but that family law is likely to survive without lawyers in many cases, although little change can be observed in the substantive law
Autopoiesis · Criminology · Domestic violence · Economic Justice · Family law · Perspective (graphical · Poison control · Political science · Punishment (psychology · Sociology · Criminal Justice and Corrections Analysis · Human Factors and Ergonomics · Intimate Partner and Family Violence · Law · Legal Issues in South Africa · Psychology · Social Psychology
Law as an autopoietic system
Law As A Social System
Luhmann's theory of knowledge
Supervised, Supported and Indirect Contact Orders
Picking up the pieces
Good' and 'bad’ lawyers? Struggling in the shadow of the new law
Assumptions about children's best interests
Divorce Reform and the Image of the Child
Beyond Procedural Legitimation
Beyond Procedural Legitimation
Family Lawyers
Systemic Power
Being Sensible
| Citations per year | 0.25 |
|---|---|
| Citation span | 2018 - 2020 (3) |
| Highly cited | No |