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19 — Optional Focus Study 2 - Family (a) Assess whether changes to family law are an improvement on previous law - HSC - SSCE Legal Studies - Question 19 - 2010 - Paper 1
Question 19
19 — Optional Focus Study 2 - Family (a) Assess whether changes to family law are an improvement on previous law. OR (b) How effective is the law in responding t... show full transcript
Worked Solution & Example Answer:19 — Optional Focus Study 2 - Family (a) Assess whether changes to family law are an improvement on previous law - HSC - SSCE Legal Studies - Question 19 - 2010 - Paper 1
Step 1
Assess whether changes to family law are an improvement on previous law.
Answer
To assess whether changes to family law are an improvement on previous law, it is crucial to consider various aspects, including the legal, social, and practical implications of these changes.
Changes in Family Law
Recent amendments to family law have aimed to address contemporary societal needs, reflecting shifts in familial relationships and structures, such as the rights of same-sex couples and the recognition of diverse family forms.
Criteria for Assessment
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Legal Improvements: Evaluate the extent to which new laws provide better protection and rights for individuals within families. For instance, consider laws that enhance child custody arrangements or provide clearer definitions of parental responsibilities.
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Societal Impact: Analyze how these changes have been received socially. Are they seen as progressive by communities? Do they align more closely with current societal values?
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Practical Implementation: Discuss whether the changes have been effectively implemented in practice. Are the courts and professionals adapting appropriately to these new laws?
Conclusion
Summarize the overall effectiveness of the changes by weighing the legal benefits against societal acceptance and practical application. Offer a judgment on whether these changes indeed represent an improvement based on the criteria outlined above.
Step 2
How effective is the law in responding to problems in family relationships?
Answer
The effectiveness of law in responding to problems in family relationships can be measured through various dimensions, including accessibility, enforcement, and overall satisfaction with legal outcomes.
Key Areas for Evaluation
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Accessibility of Legal Resources: Analyze whether individuals facing family issues, such as divorce or custody disputes, have adequate access to legal information and representation. This encompasses the availability of legal aid and family law resources.
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Enforcement of Family Law: Explore how effectively laws are enforced in real scenarios. Are the legal rights of individuals upheld consistently in courts? Look for statistics or case studies illustrating success or failure rates in enforcement.
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Public Awareness and Education: Consider the level of public knowledge regarding family laws. Greater awareness can lead to better utilization of legal protections available for individuals.
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Cultural Sensitivity: Discuss whether the law is adaptable to diverse cultural practices concerning family dynamics. Recognizing and accommodating different cultural perspectives can enhance effectiveness.
Conclusion
Reflect on the overall efficiency of the law in resolving family issues by considering these dimensions. Provide an informed opinion on whether the existing legal framework sufficiently meets the needs of families facing difficulties.