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Shared parenting, law and policy: considering power within the framework of autopoietic theory

Newnham, A. (2015) Shared parenting, law and policy: considering power within the framework of autopoietic theory. International Journal of Law in Context, 11 (4). pp. 426-443. ISSN 1744-5531

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To link to this item DOI: 10.1017/S1744552315000282

Abstract/Summary

This paper uses the last few decades’ developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems’ developments are limited by their normative and cognitive frameworks, and also argues that changes, which have occurred in family law, show that closed social systems do not function in total isolation. It considers power as ego’s ability to limit alter’s choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:44979
Publisher:Cambridge University Press

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