The Legal Split in Child Protection: Overcoming the Double Standard

Author:   Peter Fritz Walter
Publisher:   Createspace Independent Publishing Platform
Volume:   9
ISBN:  

9781984070333


Pages:   146
Publication Date:   22 January 2018
Format:   Paperback
Availability:   In stock   Availability explained
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The Legal Split in Child Protection: Overcoming the Double Standard


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Overview

The Legal Split in Child Protection (Essays on Law, Policy and Psychiatry, Vol. 9, 2018) is a study that attempts to redefine child protection, and goes as far as formulating a new paradigm of child protection that is healed of the legal split that pervades it until now. The study explains that the laws for protecting the child against abuse are following a fundamental split in social mores and statutory regulation of physical violence against children, on one hand, and sexual relationships with children, on the other.The perversity of this situation becomes evident when one realizes that the present sex laws in the United States punish non-violent, non-penetratory and non-harmful sexual conduct with children with roughly twenty years of prison, while a violent sexual assault on a child that may be followed by the mutilation of the child or even their death, receives more or less the same criminal fine. This legal situation is to be explained first of all with the fact that sex laws are basically irrational codifications that are the successors of Canon law, and second with a basic double standard that reigns in social morality in most Anglo-Saxon countries regarding physical violence against children in the form of corporal punishment, on one hand, and sexual activities with children, be they non-violent and consenting, or violent and assaulting, on the other.While educational violence is largely socially accepted and justified with pseudo-rational arguments, even slight forms of sexual conduct with children, as for example having a child caress one's genital while being fully dressed, are met with Draconian punishments that miss any rational basis, and that are legally unproportional. For this and other reasons, most of these sex laws are unconstitutional.The study consists of two parts, an analytic part, which is an overview over existing case law, and a draft bill. In the first part, precedents and statutes are discussed that rule on the borderline between lawful corporal punishment of children and unlawful child battery. Details of those precedents are then compared with sex laws or age of consent laws in order to show the often unbelievable irrationality of those judgments.The study demonstrates that, under present law, the dividing line between corporal punishment and child battery boils down to legally licensing rampant violence acted out on children by tutelary adults 'in the name of the child's best.' On the other hand, even a care-giving caress of a child's genitals would be considered in most states as statutory child rape.The study reveals that the rationale behind such laws is not the ever again pretended best of the child but the present socio-economic value system and its moralistic roof structure.

Full Product Details

Author:   Peter Fritz Walter
Publisher:   Createspace Independent Publishing Platform
Imprint:   Createspace Independent Publishing Platform
Volume:   9
Dimensions:   Width: 15.20cm , Height: 0.90cm , Length: 22.90cm
Weight:   0.222kg
ISBN:  

9781984070333


ISBN 10:   1984070339
Pages:   146
Publication Date:   22 January 2018
Audience:   General/trade ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In stock   Availability explained
We have confirmation that this item is in stock with the supplier. It will be ordered in for you and dispatched immediately.

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Parallel to an international law career in Germany, Switzerland and the United States, Dr. Peter Fritz Walter (Pierre) focused upon fine art, cookery, astrology, musical performance, social sciences and humanities. He started writing essays as an adolescent and received a high school award for creative writing and editorial work for the school magazine. After finalizing his law diplomas, he graduated with an LL.M. in European Integration at Saarland University, Germany, and with a Doctor of Law title from University of Geneva, Switzerland, in 1987. He then took courses in psychology at the University of Geneva and interviewed a number of psychotherapists in Lausanne and Geneva, Switzerland. His interest was intensified through a hypnotherapy with an Ericksonian American hypnotherapist in Lausanne. This led him to the recovery and healing of his inner child. In 1986, he met the late French psychotherapist and child psychoanalyst Francoise Dolto (1908-1988) in Paris and interviewed her. A long correspondence followed up to their encounter which was considered by the curators of the Dolto Trust interesting enough to be published in a book alongside all of Dolto's other letter exchanges by Gallimard Publishers in Paris, in 2005. After a second career as a corporate trainer and personal coach, Pierre retired as a full-time writer, philosopher and consultant. His nonfiction books emphasize a systemic, holistic, cross-cultural and interdisciplinary perspective, while his fiction works and short stories focus upon education, philosophy, perennial wisdom, and the poetic formulation of an integrative worldview. Pierre is a German-French bilingual native speaker and writes English as his 4th language after German, Latin and French. He also reads source literature for his research works in Spanish, Italian, Portuguese, and Dutch. In addition, Pierre has notions of Thai, Khmer, Chinese and Japanese. All of Pierre's books are hand-crafted and self-published, designed by the author. Pierre publishes via his Delaware company, Sirius-C Media Galaxy LLC, and under the imprints of IPUBLICA and SCM (Sirius-C Media).

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