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Record W153338360

Parens patriae: the paternalist model of children's rights

2001· dissertation· en· W153338360 on OpenAlexaboutno aff
Adam McAuley

Bibliographic record

VenueDublin City University Open Access Institutional Repository (Dublin City University) · 2001
Typedissertation
Languageen
FieldMedicine
TopicEthics and Legal Issues in Pediatric Healthcare
Canadian institutionsnot available
Fundersnot available
KeywordsPaternalismLawmakingPolitical scienceState (computer science)Economic JusticeLawLaw and economicsJudicial reviewSociologyLegislature
DOInot available

Abstract

fetched live from OpenAlex

This study examines the role that paternalism plays
\nin the exercise and vindication of the rights of the
\nchild.
\n
\nThis study demonstrates that paternalism plays a
\ndetermining role in the exercise and vindication of the
\nrights of the child. The study shows that this
\npaternalism was originally inherent in judicial lawmaking,
\ndeployed as a consequence of the importance of
\nparens patriae to the constitutional and administrative
\nframework of the State.
\n
\nThe thesis analyses the judicial role in proceedings
\ninvolving the rights of the child in Ireland, England,
\nthe United States and to a lesser extent Canada. The
\nthesis demonstrates that the judicial role has a dual
\nfunction. First, the judge must protect the integrity of
\nthe family unit to which a child is born. Second, the
\njudge is the protector and vindicator of the child's
\nrights.
\n
\nChapter 1 outlines the rights model and the concept
\nof parens patriae. This chapter also constructs the
\nwelfare model regulating the relationships between the
\nchild, parents and the State. This chapter shows that the
\njudiciary have developed the welfare model in which they
\nare the dominant actors. In chapter 2 the relevant
\nliterature is discussed and analysed. Chapters 3, 4 and 5
\nprove that judicial paternalism plays a determining role
\nin proceedings concerned with the exercise and
\nvindication of the rights of the child in the health
\ncare, education and juvenile justice systems. Chapter 6
\ncontains the conclusions to this study and provides
\nsuggestions for reform.
\n
\nThe main conclusion of the thesis is that an optimal
\nmodel of child law must reiterate the concept of parens
\npatriae shorn of its inappropriate paternalistic
\naccretions.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Science and technology studies, Research integrity
Consensus categoriesResearch integrity
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.697
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0010.002
Science and technology studies0.0030.001
Scholarly communication0.0010.003
Open science0.0050.001
Research integrity0.0010.003
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.086
GPT teacher head0.364
Teacher spread0.278 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations1
Published2001
Admission routes1
Has abstractyes

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