Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
The fluidity of the modern family springs from changing social values on various forms of intimat... more The fluidity of the modern family springs from changing social values on various forms of intimate relationships. But as easily as they form, they are easily unformed, susceptible to separation and re-partnering. In the aftermath of separation, the problem is often exacerbated by the presence of children. It’s a painful process in which one of the parents may well at some level need to distance himself or herself physically as well as emotionally from the other. Dissension results and contested relocation emerges in which the best interest of the child is paramount. But what are the child’s best interests and who can determine them? This article examines the best interests of the child and its application in relocation disputes.
Freedom of expression is fundamental to democracy for a democratic society constitutes diversity ... more Freedom of expression is fundamental to democracy for a democratic society constitutes diversity in thought and opinion. A democratic government must realise that criticism and condemnation underpin democracy, as well as dissent and opposition, for free speech and robust political debate are cornerstones of a democratic society. Limitations to such freedom exist in law as in sedition but a clear distinction in the law between free speech and conduct calculated to affect a seditious intent is fundamental. For sedition is historically associated with stifling and punishing criticism of the established authority to reign in political dissidents. Sedition punishes speech and as such, is a potential instrument of political suppression. And in view of the recent spate of cases for seditious offenses in Fiji, this article sets out to examine the disjuncture between the right of freedom of expression and seditious offenses, in the context of international and commonwealth freedom of expression standards as they relate to sedition laws.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
This thesis investigates the influence of legal fiction over the philosophy behind family law in ... more This thesis investigates the influence of legal fiction over the philosophy behind family law in New Zealand and our subsequent responses to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility. Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these legal fictions to pursue just ends requires careful consideration to avoid causing real world pathologies. Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human negotiating behaviour. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the desired effect. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda can distort our assessment of domestic violence. The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life as we live it daily. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
The fluidity of the modern family springs from changing social values on various forms of intimat... more The fluidity of the modern family springs from changing social values on various forms of intimate relationships. But as easily as they form, they are easily unformed, susceptible to separation and re-partnering. In the aftermath of separation, the problem is often exacerbated by the presence of children. It’s a painful process in which one of the parents may well at some level need to distance himself or herself physically as well as emotionally from the other. Dissension results and contested relocation emerges in which the best interest of the child is paramount. But what are the child’s best interests and who can determine them? This article examines the best interests of the child and its application in relocation disputes.
Freedom of expression is fundamental to democracy for a democratic society constitutes diversity ... more Freedom of expression is fundamental to democracy for a democratic society constitutes diversity in thought and opinion. A democratic government must realise that criticism and condemnation underpin democracy, as well as dissent and opposition, for free speech and robust political debate are cornerstones of a democratic society. Limitations to such freedom exist in law as in sedition but a clear distinction in the law between free speech and conduct calculated to affect a seditious intent is fundamental. For sedition is historically associated with stifling and punishing criticism of the established authority to reign in political dissidents. Sedition punishes speech and as such, is a potential instrument of political suppression. And in view of the recent spate of cases for seditious offenses in Fiji, this article sets out to examine the disjuncture between the right of freedom of expression and seditious offenses, in the context of international and commonwealth freedom of expression standards as they relate to sedition laws.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
Role performance underlies personal interaction. A person, for example, will behave as a parent w... more Role performance underlies personal interaction. A person, for example, will behave as a parent when with her children, a spouse when with her partner and either as a junior or manager when at work. It rests on how we perceive and interact with the world around us, as well as the power dynamics that dictate our actions. Similarly, aggression is often considered both as a negative and positive human trait. The rationale for aggressive behaviour remains the same; is it innate or learned behaviour? For the purpose of this discussion, it is important to examine both power and aggression as they apply in everyday life for domestic violence is defined broadly to cover a range of conduct, from verbal aggression to murder and everything in between.
This thesis investigates the influence of legal fiction over the philosophy behind family law in ... more This thesis investigates the influence of legal fiction over the philosophy behind family law in New Zealand and our subsequent responses to domestic violence. As a feature of common law reasoning, legal fiction, asserting something to be true when it is not true, persists as an important mechanism in judicial fact finding. In family law, the convenient and crucially unrecognised fiction of the “ideal family” which may never have existed continues to drive the family justice system. The failure to be aware of the fiction may undo the justifications for its existence and undermine its utility. Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these legal fictions to pursue just ends requires careful consideration to avoid causing real world pathologies. Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human negotiating behaviour. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the desired effect. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda can distort our assessment of domestic violence. The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life as we live it daily. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.
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Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these legal fictions to pursue just ends requires careful consideration to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human negotiating behaviour. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the desired effect. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda can distort our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life as we live it daily. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.
Treating this fiction as true rather than treating it as “if true” drives a wedge between the normative intent of the law and the behavioural issues that underlie human interpersonal relationships. The resulting gap between the realities of the family experience we live with and the “ideal family” we live by underwrites the vague and imprecise objectives of our responses to domestic violence. Apart from the uncertainty of what we are trying to achieve, the fiction assumes that deception and aggression are pathologies in human behaviour. The law’s reliance on these legal fictions to pursue just ends requires careful consideration to avoid causing real world pathologies.
Despite New Zealand’s reputation for innovative responses to domestic violence, the Family Justice System as a whole has failed to produce the anticipated result. The expansion of the continuum of conduct classified as domestic violence has criminalised instances of ordinary human negotiating behaviour. This expansion under the Domestic Violence Act was intended to provide victims greater protection from domestic violence, but it has not had the desired effect. While success in police management terms may be evaluated in higher rates of reported incidents, arrests and convictions, success for victims ought to be assessed regarding the reduction in incidences of violence over time. This has not happened. For this reason, the application of statistical data to support a specific agenda can distort our assessment of domestic violence.
The thesis proposes a holistic approach based on domestic violence as fundamentally a behavioural issue. It is important first to ascertain the nature of violence in the world and our lives and to unpack human behaviour for a better understanding of why we do the things we do. Secondly, statistical data should be properly analysed to provide an accurate picture of human behaviour and domestic violence as it is on the ground, the reality of family life as we live it daily. This and only this can provide a sound basis for developing explicit goals to guide our legal responses or interventions, bridging the divide between the aspirational objectives of the law and the human reality we live with.