scholarly journals Shared Parenting after Separation and Divorce in New Zealand

2021 ◽  
Author(s):  
◽  
Margaret Anne Opie

<p>Shared parenting after separation or divorce is an intricate, fluid process in which gender, power and ideology are implicated. The dominant focus of the literature is on sharply polarised assessments of the value of joint custody or shared parenting, and on the elaboration of the individual moral qualities ideally required by each parent which will help ensure the arrangement's success or failure. This thesis, however, addresses the systemic (individual and social) isssues, and the processes of family life which facilitate or complicate the arrangement. The conclusions indicate that it it is inappropriate to view shared parenting as that form of custody which necessarily safeguards the child's best interests. Rather, it should be viewed as one among several possible modes of custody; and that the particular outcome for any family of a choice of shared parenting after separation depends largely on the ability of those parents to manage their relationship, in which systemic, as well as personal factors are significant. The value of detailed qualitative research as a means to explore and understand areas of family life and relationships is demonstrated, in particular because of its power to reveal the complexity of family process. The crucial material evidence is the transcription of the unstructured, intensive, longitudinal interviews which generates texts suitable for a close textual reading or deconstructive analysis. Such an analysis opens for inspection the way that experience and the respondents' and researcher's textual production is constructed from and by gender, power, ideology, ambivalence, and process. It highlights the way in which elements of experience are often divided from each other and held separate as a consequence of the research act" and their interrelatedness obscured and destroyed. The use of deconstructive qualitative analysis has facilitated a further redefinition of the researcher/respondent relationship. It has emphasised the importance of creating typologies which, within a specific category, can encompass a diversity of experiences and positions. It has challenged the usual mode of sociological writing in which only the authorial voice is present, and has indicated the significance of allowing a range of voices to enter the text, thus emphasising the uncentredness of the social world.</p>

2021 ◽  
Author(s):  
◽  
Margaret Anne Opie

<p>Shared parenting after separation or divorce is an intricate, fluid process in which gender, power and ideology are implicated. The dominant focus of the literature is on sharply polarised assessments of the value of joint custody or shared parenting, and on the elaboration of the individual moral qualities ideally required by each parent which will help ensure the arrangement's success or failure. This thesis, however, addresses the systemic (individual and social) isssues, and the processes of family life which facilitate or complicate the arrangement. The conclusions indicate that it it is inappropriate to view shared parenting as that form of custody which necessarily safeguards the child's best interests. Rather, it should be viewed as one among several possible modes of custody; and that the particular outcome for any family of a choice of shared parenting after separation depends largely on the ability of those parents to manage their relationship, in which systemic, as well as personal factors are significant. The value of detailed qualitative research as a means to explore and understand areas of family life and relationships is demonstrated, in particular because of its power to reveal the complexity of family process. The crucial material evidence is the transcription of the unstructured, intensive, longitudinal interviews which generates texts suitable for a close textual reading or deconstructive analysis. Such an analysis opens for inspection the way that experience and the respondents' and researcher's textual production is constructed from and by gender, power, ideology, ambivalence, and process. It highlights the way in which elements of experience are often divided from each other and held separate as a consequence of the research act" and their interrelatedness obscured and destroyed. The use of deconstructive qualitative analysis has facilitated a further redefinition of the researcher/respondent relationship. It has emphasised the importance of creating typologies which, within a specific category, can encompass a diversity of experiences and positions. It has challenged the usual mode of sociological writing in which only the authorial voice is present, and has indicated the significance of allowing a range of voices to enter the text, thus emphasising the uncentredness of the social world.</p>


Author(s):  
Jennie Edlund ◽  
Václav Stehlík

The paper analyses the protection granted under Article 8 of the European Convention of Human Rights for different immigration cases. The way the European Court of Human Rights determines compliance with Article 8 for settled migrants differs from the way the Court determines compliance for foreign nationals seeking entry or requesting to regularize their irregular migration status. The paper argues that the European Court of Human Rights application of different principles when determining a States’ positive and negative obligations is contradicting its own case law. It also argues that the absence of justification grounds for the refusal of foreign nationals who are seeking entry lacks legitimacy. By treating all immigration cases under Article 8(2) the paper suggests that the differentiation between cases should be based on how a refusal of entry or an expulsion would impact on the family life. The paper also suggests that more consideration should be given towards the insiders interests when balancing the individual rights against the state's interests. These changes would lead to a more consistent and fair case law and generate a more convergent practice by the states which will increase the precedent value of the Court's judgements.


Moreana ◽  
2012 ◽  
Vol 49 (Number 187- (1-2) ◽  
pp. 77-103
Author(s):  
Matthew Spring

Raphael’s statements that nothing is private in Utopia and that “the whole island [of Utopia] is like a single family” lead one to consider whether the Utopian system of education and habituation is an attempt to undo the natural connections that join parents to children. While Raphael argues that the community can only supersede the individual once these natural ties have been loosened and the role of the family been usurped, More recognizes that the love that serves as the foundation of family life should be allowed to flourish because it is also the proper foundation of an entire society.


2019 ◽  
Vol 27 (3) ◽  
pp. 517-544
Author(s):  
Monica Strømland ◽  
Anders J W. Andersen ◽  
Venke F. Johansen ◽  
Marianne K. Bahus

We introduce the opportunity for Capability Approach, developed by Martha C. Nussbaum (1997, 2006, 2011), to be used as a guideline to balance the principle of the child’s best interests as formulated in the crc, art. 3 and respect for family life, echr, art. 8, in cases where these principles are drawn in different directions. To contextualize a dilemma, we refer to two stories from the Norwegian courts which illustrate how complex this can be. The stories are similar in the way that they both are related to an evaluation of children`s best interests. We argue conclusively that the list of capabilities could strengthen and supplement the content of the principle of child’s best interests. The list constitutes a basis for participation and insight into the child’s situation, which is valuable when in a position of making decisions critical to the child’s current and future abilities, opportunities and potentialities.


2001 ◽  
Vol 209 (2) ◽  
pp. 105-117 ◽  
Author(s):  
Thomas Kleinsorge ◽  
Herbert Heuer ◽  
Volker Schmidtke

Summary. When participants have to shift between four tasks that result from a factorial combination of the task dimensions judgment (numerical vs. spatial) and mapping (compatible vs. incompatible), a characteristic profile of shift costs can be observed that is suggestive of a hierarchical switching mechanism that operates upon a dimensionally ordered task representation, with judgment on the top and the response on the bottom of the task hierarchy ( Kleinsorge & Heuer, 1999 ). This switching mechanism results in unintentional shifts on lower levels of the task hierarchy whenever a shift on a higher level has to be performed, leading to non-shift costs on the lower levels. We investigated whether this profile depends on the way in which the individual task dimensions are cued. When the cues for the task dimensions were exchanged, the basic pattern of shift costs was replicated with only minor modifications. This indicates that the postulated hierarchical switching mechanism operates independently of the specifics of task cueing.


Author(s):  
Beatrice Marovich

‘The art of free society’, A.N. Whitehead declares in his essay on symbolism, is fundamentally dual. It consists of both ‘maintenance of the symbolic code’ and a ‘fearlessness of [its] revision’. This tension, on the surface paradoxical, is what Whitehead believes will prevent social decay, anarchy, or ‘the slow atrophy of a life stifled by useless shadows’. Bearing in mind Whitehead’s own thoughts on the nature of symbolism, this chapter argues that the figure of the creature has been underappreciated in his work as a symbol. It endeavors to examine and contextualize the symbolic potency of creatureliness in Whitehead’s work, with particular attention directed toward the way the creature helps him to both maintain and revise an older symbolic code. In Process and Reality, ‘creature’ serves as Whitehead’s alternate name for the ‘individual fact’ or the ‘actual entity’—including (perhaps scandalously, for his more orthodox readers) the figure of God. What was Whitehead’s strategic motivation for deploying this superfluous title for an already-named category? In this chapter, it is suggested that his motivation was primarily poetic (Whitehead held the British romantic tradition in some reverence) and so, in this sense, always and already aware of its rich symbolic potency.


2020 ◽  
Vol 8 (1) ◽  
pp. 37-46
Author(s):  
Stanislava Varadinova

The attention sustainability and its impact of social status in the class are current issues concerning the field of education are the reasons for delay in assimilating the learning material and early school dropout. Behind both of those problems stand psychological causes such as low attention sustainability, poor communication skills and lack of positive environment. The presented article aims to prove that sustainability of attention directly influences the social status of students in the class, and hence their overall development and the way they feel in the group. Making efforts to increase students’ attention sustainability could lead to an increase in the social status of the student and hence the creation of a favorable and positive environment for the overall development of the individual.


2019 ◽  
Vol 130 (629) ◽  
pp. 1384-1415 ◽  
Author(s):  
Ralph Hertwig ◽  
Michael D Ryall

ABSTRACT Thaler and Sunstein (2008) advance the concept of ‘nudge’ policies—non-regulatory and non-fiscal mechanisms designed to enlist people's cognitive biases or motivational deficits so as to guide their behaviour in a desired direction. A core assumption of this approach is that policymakers make artful use of people's cognitive biases and motivational deficits in ways that serve the ultimate interests of the nudged individual. We analyse a model of dynamic policymaking in which the policymaker's preferences are not always aligned with those of the individual. One novelty of our set-up is that the policymaker has the option to implement a ‘boost’ policy, equipping the individual with the competence to overcome the nudge-enabling bias once and for all. Our main result identifies conditions under which the policymaker chooses not to boost in order to preserve the option of using the nudge (and its associated bias) in the future—even though boosting is in the immediate best interests of both the policymaker and the individual. We extend our analysis to situations in which the policymaker can be removed (e.g., through an election) and in which the policymaker is similarly prone to bias. We conclude with a discussion of some policy implications of these findings.


2005 ◽  
Vol 66 (1) ◽  
pp. 69-95 ◽  
Author(s):  
Christopher P. Klofft

[In the writings of Orthodox theologian Paul Evdokimov (1901–1970), Western theology can find new resources regarding the relationship between gender and moral development. The author presents Evdokimov's unique theological anthropology in the context of both the complicated question of gender, as well as the effects that gender has on the way women and men act. While the goal of the Christian life for both is the transformation of the individual through asceticism, the role each plays in the salvation of the world differs markedly.]


Author(s):  
Megan Strain ◽  
Donald Saucier ◽  
Amanda Martens

AbstractDespite advances in women’s equality, and perhaps as a result of it, sexist humor is prevalent in society. Research on this topic has lacked realism in the way the humor is conveyed to participants, and has not examined perceptions of both men and women who use sexist humor. We embedded jokes in printed Facebook profiles to present sexist humor to participants. We manipulated the gender of the individual in the profile (man or woman), and the type of joke presented (anti-men, anti-women, neutral) in a 2×3 between-groups design. We found that both men and women rated anti-women jokes as more sexist than neutral humor, and women also rated anti-men jokes as sexist. We also found that men who displayed anti-women humor were perceived less positively than men displaying anti-men humor, or women displaying either type of humor. These findings suggest that there may be different gender norms in place for joke tellers regarding who is an acceptable target of sexist humor.


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