Shared parenting, law and policy
Considering power within the framework of autopoietic theory
Bibliographic Data
| ID | 12889779 |
|---|---|
| Authors | Annika Newnham (University of Reading, corresponding author) |
| Year | 2015 |
| Volume | 11 |
| Issue | 4 |
| Pages | 426-443 |
| Publication date | 2015-11-02 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Journal of Law in Context (JOURNAL) |
| Journal identifiers | ISSN: 1744-5523 • E-ISSN: 1744-5531 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1744552315000282 |
| OpenAlex | W2109457341 |
| Language | EN |
| Citations received | 5 |
| References cited | 18 |
This paper uses the last few decades’ developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems’ developments are limited by their normative and cognitive frameworks, and also argues that changes which have occurred in family law show that closed social systems do not function in total isolation. It considers power as ego 's ability to limit alter 's choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships
Autopoiesis · Epistemology · Function (biology · Id, ego and super-ego · Normative · Political science · Politics · Power (physics · Sociology · Attachment and Relationship Dynamics · Family Dynamics and Relationships · Law · Marriage and Sexual Relationships · Psychology · Social Psychology
Law as an autopoietic system
Law As A Social System
The Degradation of Parental Responsibility
Why do judges talk the way they do
From utility to rights? The presumption of contact in practice
Doing the Right Thing
Contact Disputes
Confusion and Controversy in Parental Alienation
The Children Act 1989
Law’s Autonomy in Action
The Third Question
Autopoietic Law and the ‘Epistemic Trap’
Legal Argumentation
The 'Best Interests of the Child' and Parental Separation
Responsible Parents and Parental Responsibility
Legal Irritants
| Citations per year | 1.67 |
|---|---|
| Citation span | 2023 - 2024 (2) |
| Highly cited | No |