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The Principle of the Welfare of the Child: A History

The Principle of the Welfare of the Child: A History

Author: Kerry O'Halloran
Publisher: Routledge
ISBN: 9781032214504
Published In: September 2022
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book traces the evolution of the welfare interests of the child principle over the centuries in England & Wales to provide a record of the key milestones in its development. It does so by comparing and contrasting the part it has played in the public – care, protection and control – and in the private – matrimonial, adoption etc – sectors of family law.

By analysing the content of the principle this book discloses the essence of what has been termed ‘the golden thread running through the common law’. By considering the ways in which the legal system has shaped and been shaped by the principle, it reveals its structural influence. By identifying and assessing the significance of its operational role and functions, it shows how this principle has changed the law relating to children.

In addition to a digest of cases and legislation that tracks the evolution of this legal principle, academics and other researchers will find a wealth of information on how that evolution reflects the corresponding changes in social mores. For those interested in the ethics and morality, there is much illuminating evidence on how the law has balanced this principle relative to others within both civil and criminal contexts.

Dedication

Preface

Introduction

Part I: The Legal Origins of the Child Welfare Principle in England & Wales

Chapter 1. State Recognition of Child Welfare: Feudalism, the Common Law, and the Poor Laws

Chapter 2. Judicial Acknowledgement of Guardianship Duties

Chapter 3. Legislative Endorsement of Child Welfare

Part II: The Content & Role of the Welfare Principle

Chapter 4. Welfare Interests and the Child

Chapter 5. Identifying Welfare Interests

Chapter 6. Representing Welfare Interests

Chapter 7. The Legal System and Welfare Interests