'Legal responses are more effective than non-legal responses in achieving justice.' To what extent is this statement true in relation to families? - HSC - SSCE Legal Studies - Question 28 - 2022 - Paper 1

The extent to which legal responses are more effective than non-legal responses in achieving justice for families can be evaluated through various factors.

Legal Responses

Legal responses often provide a structured framework through which family disputes can be resolved. These include:

• Court Orders: Legal intervention via court orders can result in binding resolutions for custody, support, and property division. The enforceability of these orders promotes compliance, thereby effectively achieving justice.
• Legislation: Laws such as the Family Law Act aim to protect the rights of family members, ensuring equitable outcomes in disputes. Legal frameworks provide protection against abuse or exploitation.

Non-Legal Responses

Non-legal methods such as mediation and counseling play a significant role in family conflicts. These include:

• Mediation: Mediators assist families in resolving conflicts amicably, often preserving relationships while promoting collaborative solutions. This is particularly useful in cases of child custody, where parents can work together for the child's best interests.
• Community Support Services: Non-legal support systems often provide emotional and practical assistance that legal avenues may not address, fostering family cohesion.

Comparative Effectiveness

While legal responses provide authority and enforceability, non-legal responses allow for flexibility and restoration of relationships.

• Effectiveness in Achieving Justice: In scenarios where enforcement is necessary, legal responses trump non-legal measures. However, in situations where relationships need preservation, non-legal methods might be more effective.

Conclusion

In conclusion, both legal and non-legal responses serve vital roles. The effectiveness of each depends on the specific context of the family situation being addressed. Generally, legal responses may be deemed more effective in achieving justice through enforceable measures, while non-legal responses may offer more restorative solutions.