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Reconciling the Best Interest of A Child in a Cross Cultural Setting

by Dr. Jasmine Renner


156 pages; quality trade paperback (soft cover); ISBN 1-4251-0220-4; US$14.99, C$17.24, EUR12.31, £8.62

  • A fresh and engaging read on the cross cultural dimensions of the "best interest of the child rule."
     
  • Insightful, thought provoking and rich in cultural history and legal analysis.

   

10/25/06 update: Book is now available for purchase / shipping.  To order:

1.  Online: Go to http://www.trafford.com/06-1977

2.  Phone:
- USA and Canada: 888-232-4444 or 250-383-6864.
- Europe 0845 230 9601 (UK only) or 44 (0)1865 722 113.

3.  Locally in Tennessee, please send an email request to rennerj@etsu.edu.  Additional information will be provided promptly.  Pick up / delivery possible.


Excerpt:

In a world in which the rights of adults often take precedence over the rights of children, is there hope of ever realizing the best interests of the child?

This book looks at a comparative study of the "best interest of the child rule" from the context of two nations; the United States and Sierra Leone. Molded and shaped by several societal forces and cultural differences the author claims that cross-cultural differences have brought variability to the interpretation of the best interest rule. She argues that the best interest rule is a deceptively simple principle, appealing, and seemingly easy to understand yet the open-endedness of the standard can make legitimate practices in some cultures, which are regarded in others as possibly harmful to children.

The outcome of the comparison of the two processes was significantly different. One upholds the view that the socio-economic structure, religion and maternal preference translates this rule into rights accorded not exclusively to the child but to the parents and the other promotes different approaches for differently situated families requiring the judge to consider a child's expressed preference in applying the rule. Nevertheless, it is argued that both perspectives reflect the moderating influence of the empirical evidence that the best interest rule is concerned with the child's physical claims made by the affected party.

 




                     
 

 


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