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‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews

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dc.contributor.author Naughton, Catherine M.
dc.contributor.author O'Donnell, Aisling T.
dc.contributor.author Greenwood, Ronni Michelle
dc.contributor.author Muldoon, Orla T.
dc.date.accessioned 2017-05-19T07:47:59Z
dc.date.available 2017-05-19T07:47:59Z
dc.date.issued 2015
dc.identifier.uri http://hdl.handle.net/10344/5803
dc.description peer-reviewed en_US
dc.description.abstract This study examined judges’ constructions of the ‘best interests of the child’ in child custody and access arraignments where there were allegations of domestic violence within the context of an interview. Using interviews with six Irish District Court judges, a micro-structural discourse analysis enabled the identification of socio-cultural discourses, scientific knowledge and judges’ own values and beliefs biases about custody arraignments in cases of domestic violence. Judges’ discourses were shaped by an idealisation of the nuclear family unit which resulted in a pro-access philosophy (Theme 1). The knowledge that domestic violence had occurred challenged this ideology and, to rhetorically manage this dilemma, judges’ talk normalised or trivialised abusive parents’ behaviour, which rendered domestic violence irrelevant to child custody and access (Theme 2). Mothers who alleged domestic violence when they disputed contact between fathers and their children were pathologised through talk (Theme 3). It is recommended that systems be put in place, including judicial training, to facilitate judges in their decision-making process in this highly discretionary and complex area of the law. en_US
dc.language.iso eng en_US
dc.publisher SAGE Publications en_US
dc.relation.ispartofseries Discourse and Society;26 (3), pp. 349-365
dc.relation.uri http://dx.doi.org/10.1177/0957926514564738
dc.subject child custody en_US
dc.subject discursive analysis en_US
dc.subject domestic violence en_US
dc.subject family law judges en_US
dc.subject interviews en_US
dc.title ‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews en_US
dc.type info:eu-repo/semantics/article en_US
dc.type.supercollection all_ul_research en_US
dc.type.supercollection ul_published_reviewed en_US
dc.identifier.doi 10.1177/0957926514564738
dc.rights.accessrights info:eu-repo/semantics/openAccess en_US


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