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Rhetoric and welfare : studies in the language of New Zealand child custody judgments

dc.contributor.authorAustin, Graeme William
dc.date.accessioned2011-03-07T00:10:40Z
dc.date.accessioned2022-10-25T03:23:15Z
dc.date.available2011-03-07T00:10:40Z
dc.date.available2022-10-25T03:23:15Z
dc.date.copyright1991
dc.date.issued1991
dc.description.abstractThis paper examines judicial rhetoric in New Zealand child custody judgments. It discusses the recent revival of interest in rhetoric and then analyses child custody judgments according to techniques and perspectives developed by scholars working within the "Law and Rhetoric" movement. The paper examines the ways in which New Zealand judges have justified the outcomes of child custody cases which date from the turn of the nineteenth century until late 1990. Child custody jurisprudence is a particularly suitable subject for rhetorical analysis. Legislative changes and judicial activism have left judges with a largely unfettered discretion to determine which of the available custodial alternatives will promote the welfare of the child. Few legal principles apply to the exercise of the judicial discretion except the "welfare principle." The welfare principle is widely recognised as an inherently indeterminate standard which provides judges with little concrete guidance in difficult cases. It follows that the main subjects discussed by judges in child custody judgments are not legal in character. Instead, judges tell stories about children, their welfare needs and the suitability of potential custodians; these stories attempt to demonstrate why the outcomes of the cases further the welfare of the children at the centre of the disputes. Judicial storytelling in the texts of child custody judgments are examined in this paper according to rhetorical perspectives and analytical techniques. This paper also suggests ways that judicial rhetoric in child custody judgments can be improved.en_NZ
dc.formatpdfen_NZ
dc.identifier.urihttps://ir.wgtn.ac.nz/handle/123456789/23019
dc.languageen_NZ
dc.language.isoen_NZ
dc.publisherTe Herenga Waka—Victoria University of Wellingtonen_NZ
dc.titleRhetoric and welfare : studies in the language of New Zealand child custody judgmentsen_NZ
dc.typeTexten_NZ
thesis.degree.grantorTe Herenga Waka—Victoria University of Wellingtonen_NZ
thesis.degree.levelMastersen_NZ
thesis.degree.nameMaster of Lawsen_NZ
vuwschema.contributor.unitSchool of Lawen_NZ
vuwschema.type.vuwAwarded Research Masters Thesisen_NZ

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