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The Intersection of Lawlessness and Justice: Police Misconduct -

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Monday, June 30, 2014

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Monday, June 30, 2014


Article submissions are now open for the Journal! Deadline: December 19!

INSTITUTIONALIZED SILENCE: The Problem of Child Voicelessness in Divorce Proceedings

Winter 2014 : Volume VII : Issue 2

*Author: Brandon Sadowsky, The Ohio State University

*By and large, children are not represented in divorce proceedings. Moreover, when children do receive a representative, this person tends to be bound by that child’s best interests rather than being bound by that child’s expressed wishes. The question is, why are we so hesitant to give children a meaningful voice in the legal proceedings that so greatly affect their lives? This paper argues that issues concerning child representation are fundamentally underpinned by two conflicting intuitions: our paternalistic impulses and our value, or respect for autonomy. By understanding both of these intuitions, we can create a model of child representation that gets everything we want and need. This paper contends that a hybrid model of representation, which incorporates both a child’s voice and a way to ensure a child’s best interests fits the aforementioned criteria. In all, this paper is a contribution toward remedying the issue of institutionalized silence of children in divorce.

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