Constructive Divorce: Procedural Justice and Sociolegal Reform
In Constructive Divorce: Procedural Justice and Sociolegal Reform, author Penelope Eileen Bryan offers a compelling argument that the procedures used to settle divorce disputes yield unjust decisions and poor outcomes for millions of adults and children each year.
This well-researched, carefully constructed book discusses the benefits of improving procedural justice in divorce cases (greater compliance with divorce decrees and settlements, enhanced legitimacy of the justice system, improvements to the common good). It then scrutinizes how today's family law system measures up in terms of criteria based in social sciences, such as efficiency, bias, accuracy, consistency, respect and concern for disputants. These discussions lay the groundwork for the author's proposals for procedural reforms and possible changes in the law itself, designed to better protect both legal rights and the mental health of individuals involved in the difficult process of divorce. Woven throughout are insights drawn from the social sciences literature and reflections on how psychology might best serve clients struggling with divorce.