Spotlight
Family Law Awards 2020
Shortlist announced - time to place your vote!
Court of Protection Practice 2020
'Court of Protection Practice goes from strength to strength, having...
Jackson's Matrimonial Finance Tenth Edition
Jackson's Matrimonial Finance is an authoritative specialist text...
Spotlight
Latest articles
The need for proportionality and the ‘Covid impact’
Simon Wilkinson, Parklane PlowdenThe Covid-19 pandemic has infiltrated every aspect of our lives. Within the courts and tribunals service there has been a plethora of guidance since March 2020 which...
Local authority input into private law proceedings, part II
Mani Singh Basi, Barrister, 4 Paper BuildingsLucy Logan Green, Barrister, 4 Paper BuildingThis article considers the interplay between private and public law proceedings, focusing on the law relating...
Time for change (II)
Lisa Parkinson, Family mediation trainer, co-founder and a Vice-President of the Family Mediators AssociationThe family law community needs to respond to the urgent call for change from the...
How Can I Wed Thee? – Let Me Change the Ways: the Law Commission’s Consultation Paper on ‘Weddings’ Law (2020)
Professor Chris Barton, A Vice-President of the Family Mediators Association, Academic Door Tenant, Regent Chambers, Stoke-on-TrentThis article considers the Paper's 91 Consultation Questions...
Consultation on the proposed transfer of the assessment of all civil legal aid bills of costs to the Legal Aid Agency
The Ministry of Justice has launched a consultation on the proposed transfer from Her Majesty's Courts and Tribunals Service to the Legal Aid Agency of the assessment of all civil legal aid bills of...
View all articles
Authors

Autonomy and family justice [2016] CFLQ 133

Sep 29, 2018, 21:21 PM
Autonomy - ADR - justice
I explore here how the idea of autonomy-as-justice is expressed in two ways in the new family justice system.
Slug : autonomy-and-family-justice-2016-cflq-133
Meta Title : Autonomy and family justice [2016] CFLQ 133
Meta Keywords : Autonomy - ADR - justice
Canonical URL :
Trending Article : No
Prioritise In Trending Articles : No
Date : Jun 28, 2016, 04:12 AM
Article ID : 114951
Alison Diduck, Professor of Law, Faculty of Laws, University College London

Keywords: Autonomy - ADR - justice


Family law's promotion of autonomy and its 'settlement mission' have combined to create an imbalance between public and private justice in the family justice system. In the new system autonomy has become more than simply one aspect of justice, to be considered alongside, for example, fairness, equality and the rule of law; it is becoming the very essence of family justice. I explore here how the idea of autonomy-as-justice is expressed in two ways in the new family justice system. The first is structural and procedural. It relates to the creation of an autonomous system of dispute resolution that includes mediation, arbitration and provision of information hubs. This autonomous system marginalises formal law and legal principle and prioritises only autonomy; it runs parallel with and separate from the formal system. The second expression relates to assumptions about the type of autonomy that must be activated and permitted to flourish in family justice. It is an impoverished and gendered conception of autonomy that is unrealistically opposed to an equally impoverished and gendered concept of vulnerability. I suggest that these two expressions of autonomy-as-justice may have the effect of re-constructing the problematic divide between public and private that feminist critics and judicially developed principle successfully challenged in family law years ago.

This article was published in Child and Family Law Quarterly in Issue 2, Vol 28, Year 2016. The final published version of this article was made publicly available here 24 months after its publication date, under a CC-BY-NC licence.

2016_02_CFLQ_133.pdf
Categories :
  • Articles
Tags :
Family_law_cflq
Authors
Provider :
Product Bucket :
Recommend These Products
Related Articles
Load more comments
Comment by from