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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 machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.004
metaresearch head score (Gemma)0.004
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.010
Threshold uncertainty score0.038

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0040.004
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0010.001
Science and technology studies0.0040.027
Scholarly communication0.0060.005
Open science0.0010.005
Research integrity0.0020.006
Insufficient payload (model declined to judge)0.0050.001

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; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
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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