delivery of just outcomes (1 Viewer)

[connie]

would you say the law has delivered just outcomes to children in terms of what is in the best interest of the child?

if you would say the has delivered just outcomes, what is this based on and vice versa?

 

[MiuMiu]

You always choose the middle road when it comes to making a judgement of how effectively the law achieves justice for individuals and groups, as you have more to talk about (talk about what is working effectively and then what needs to be improved).

In saying how the law has recognised the rights of children you would look at such legislation as
Children (Equality of Status) Act 1996 (NSW)
Children and Young Persons (Care and Protection) Act 1998 (NSW)
Children (Protection and Parental Responsibility) Act 1997 (NSW)
Education Reform Act 1990 (NSW)
Adoption Information Act 1990 (NSW)
Commission for Children and Young People Act 1998 (NSW)

As well as our ratification of UN Convention on the Rights of the Child (plus optional protocols such as the armed combat one) and agencies such as the Child Protection Enforcement Agency and the Usher Report into Children in state care.

Thats all I can think of off the top of my head, if I think of more I'll add it.

 

[connie]

my text book has all these criteria for what a just law is, eg. treats all people equally, is utilitarian, leaves people free..... thats more what i was getting at,

i was puzzled as to how to answer this in one paragraph, because if you have 3 or 4 issues by the time you assess whether the law has achieved just outcomes for that issue, plus the rest of the criteria for effectiveness well you've got yourself like 20 pages so if anyone has any idea how to answer this in terms of children, would love to see a sample or idea's?!!!!

 

[MiuMiu]

In a response you are more looking at whether it is treating people equally and addresses properly the needs of the individual/group you are referring to. You are not treating justice as a set of criteria (a 'checklist' if you will) but as a whole. Does it address the issues or is it leaving opportunity for unjustice.
For example, before the Children (Equality of Status) Act came about, ex-nutptial children did not have the same rights as those born within a marriage. This reflected outdated societal views, and contradicted modern attitudes toward human rights. Ex-nuptial children could not help the fact that they were such, and thus having a law that precluded them from having the same rights as nuptial children was unjust. Therefore the law has helped to achieve justice for ex-nuptial children by legislating their natural rights into law and therefore protecting them and achieving justice.

 

[connie]

I was talking about something different to you (i think), you were referring to the part a question eg; Evaluate the effectiveness of the legal system in responding to changing community values in
terms of achieving justice for family members

i was actually talking about the syllabus dot point, "if an issue is dealt with by the law, how well is it dealt with in terms of... and delivery of just outcomes" but your answer helped never the less.

 

[MiuMiu]

yeah that is a guide to the definition of justice. But in your extended reponse you will be treating it as a whole and not broken down.