Constructing Conflict: A Discursive Analysis of Family Law Conflict

Assumptions that disputants are responsible for their conflicts are embedded in many of our practices for engaging conflict, when, in many instances, rational-legal institutions we rely on to do our conflict business, not individuals, may be causing and sustaining our conflicts (Cloke 2001). Using a...

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Bibliographic Details
Published in:	Conflict resolution quarterly 2015-12, Vol.33 (2), p.177-201
Main Author:	Ney, Tara
Format:	Article
Language:	eng
Subjects:	Conflict Conflict management Conflict resolution Discourse analysis DISPUTE RESOLUTION Families Families & family life Family conflict FAMILY LAW Foucauldian analysis Law and legislation Legal institutions Political violence Psychological assessment Psychological tests VIOLENCE
Online Access:	Get full text
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Summary:	Assumptions that disputants are responsible for their conflicts are embedded in many of our practices for engaging conflict, when, in many instances, rational-legal institutions we rely on to do our conflict business, not individuals, may be causing and sustaining our conflicts (Cloke 2001). Using a discursive framework that draws on Foucault (1980) and Bacchi's (2009) methodology of problematization, this article critiques a psychological assessment tool used and required in a custody and access evaluation in the context of family law to show how institutional structures and context matter when third parties work with conflict.
ISSN:	1536-5581 1541-1508