Hostname: page-component-848d4c4894-tn8tq Total loading time: 0 Render date: 2024-07-05T19:47:48.615Z Has data issue: false hasContentIssue false

Above and Beyond the Best Interests of the Child: An inquiry into the Relationship Between Social Science and Social Action

Published online by Cambridge University Press:  01 July 2024

Daniel Katkin
Affiliation:
Pennsylvania State University
Bruce Bullington
Affiliation:
Pennsylvania State University
Murray Levine
Affiliation:
State University of New York at Buffalo

Extract

The publication of an inter-disciplinary effort on child welfare law, co-authored by three such luminary figures as Joseph Goldstein (Walton Hale Hamilton Professor of Law, Science and Social Policy at Yale University Law School), Anna Freud (perhaps the foremost living authority on the emotional lives of children), and Albert Solnit (Director of the Yale University Child Study Center), is an intellectual event. The talents of these authors are such that their book, Beyond the Best Interests of the Child (1973), ought to have significance beyond its reconceptualization of the law of child custody; it ought also to be a landmark in the history of cooperation between social scientists and lawyers. Despite impressive achievements, however, the book's greatest utility may be as an example of the wrong way to employ social science to solve problems of social policy.

Type
Research Article
Copyright
Copyright © The Law and Society Association, 1974.

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

AUTHORS' NOTE: We wish to thank Michael Lieberman of the New York City Jewish Board of Guardians, and Gilbert Geis of the University of California at Irvine for their helpful comments and criticisms of earlier drafts of this essay, and to express our gratitude to a snowstorm which blocked roads, closed airports, and made time available for this inter-disciplinary and inter-state collaboration.

References

Cases

Dandridge v. Williams, 397 U.S. 471 (1970).CrossRefGoogle Scholar
Durham v. United States, 214 F. 2d 862 (D. C. Cir. 1954).Google Scholar
Finlay v. Finlay, 240 N. Y. 429 (1925).Google Scholar
Rothman v. Jewish Child Care Association (166 N. Y. Law Journal, Nov. 5, 1971, at 17, col. 1).Google Scholar

References

AINSWORTH, Mary D., et al. (1962) Deprivation of Maternal Care: A Reassessment of Its Effects. Geneva: World Health Organization, Public Health Papers 14.Google Scholar
ARENS, Richard (1967) “The Durham Rule in Action,” 1 Law & Society Review 41.Google Scholar
BAUER, Raymond A., and Kenneth, GERGEN (1971) The Study of Policy Formulation. New York: Free Press.Google Scholar
BECKER, Theodore L. and Malcolm M., FEELEY (1973) The Impact of Supreme Court Decisions. 2nd edition. New York: Oxford University Press.Google Scholar
CAMPBELL, Donald T. (1971) Methods for the Experimenting Society. Presented at State University of New York at Buffalo.Google Scholar
CARDOZO, Benjamin N. (1963) The Nature of Judicial Process. The Nature of Judicial Process: Yale University Press.Google Scholar
DROR, Yehezkiel (1971) Ventures in Policy Science. New York: American Elsevier Publishing Company.Google Scholar
DROR, Yehezkiel (1968) Public Policy Making Re-examined. Chicago: Chandler Publishing Company.Google Scholar
FREUD, Anna and Dorothy, BURLINGHAM (1973) Infants Without Families: Reports on the Hampstead Nurseries. The Writings of Anna Freud, Vol. III. New York: International Universities Press.Google Scholar
FRIEDMAN, Lawrence M. and Steward, MACAULEY (1969) Law and the Behavioral Sciences. Law and the Behavioral Sciences: Bobbs-Merrill.Google Scholar
GOLDSTEIN, Joseph, Anna, FREUD, and Albert, SOLNIT (1973) Beyond the Best Interests of the Child. New York: Free Press.Google Scholar
HALBERSTAM, David (1972). The Brightest and the Best. New York: Random House.Google Scholar
HARTMAN, Heinz, (1958) Ego Psychology and the Problem of Adaptation. New York: International Universities Press.CrossRefGoogle Scholar
KOURILSKY, Marilyn (1973) “An Adversary Model for Educational Evaluation,” 4 Evaluation Comment 3.Google Scholar
LASSWELL, Harold D. (1971) A Pre-view of Policy Sciences. New York: American Elsevier Publishing Company.Google Scholar
LERNER, Daniel, and Harold D., LASSWELL (1959) The Policy Sciences: Recent Developments in People and Methods. The Policy Sciences: Recent Developments in People and Methods: Stanford University Press.Google Scholar
LEVINE, Adeline and Murray, LEVINE (in press) “The Social Context of Evaluative Research,” in Rollo L., HANDY (ed.) Education and the Behavioral Sciences. St. Louis: Warren H. Green.Google Scholar
LEVINE, Murray (1973) “Scientific Method and the Adversary Model: Some Preliminary Suggestions,” 4 Evaluation Comment 1.Google Scholar
LEVINE, Murray and Adeline, LEVINE (in press) “Change in Organizational Settings: A Diagnostic Framework,” in Howard J., PARAD (ed.).Google Scholar
Proceedings of the N.I.M.H. Continuing Education Seminar on Emergency Health Services (Wjashington, D. C., June, 1973).Google Scholar
MNOOKIN, Robert H. (1973) “Foster Care: In Whose Best Interest?” 43 Harvard Educational Review 599.Google Scholar
MOYNIHAN, Daniel P. (1969) Maximum Feasible Misunderstanding New York: Free Press.Google Scholar
O'CONNOR, N. (1956) “The Evidence for the Permanently Disturbing Effects of Mother-child Separation,” 12 Acta Psychologica 174.Google Scholar
PINNEAU, Samuel R. (1955) “The Infantile Disorders of Hospitalism and Anaclitic Depression,” 52 Psychological Bulletin 429.Google Scholar
PRUGH, Dane G., Elizabeth M., SANDS, Harriet A., KIRSCHBAUM, Ruth M., LENIHAN, and Ellenora A., LENIHAN (1953) “A Study of the Emotional Reactions of Children and Families to Hospitalization and Illness,” 23 American Journal of Orthopsychiatry 70.Google Scholar
RUTTER, Michael (1972) Maternal Deprivation Reassessed. Baltimore: Penguin Books.Google Scholar
SKINNER, B. F. (1972) Beyond Freedom and Dignity. New York: Bantam /Vintage.Google Scholar
STAPLETON, W. Vaughan and Lee E., TEITELBAUM (1972) In Defense of Youth: A Study of the Role of Counsel in American Juvenile Courts. New York: Russell Sage Foundation.Google Scholar
STOLTZ, Lois M. (1960) “Effects of Maternal Employment on Children: Evidence from Research,” 31 Child Development 749.Google Scholar
WASBY, Stephen L. (1970) The Impact of the United States Supreme Court: Some Perspectives. Homewood, Illinois: Dorsey Press.Google Scholar
WOOTTON, Barbara (1959) Social Science and Social Pathology. London: G. Allen and Unwin.Google Scholar
WORTIS, Rachelle P. (1971) The Acceptance of the Concept of the Maternal Role by Behavioral Scientists: Its Effects on Women. 41 American Journal of Orthopsychiatry 733-46.CrossRefGoogle Scholar
YARROW, Leon J. (1961) “Maternal Deprivation: Toward An Empirical and Conceptual Reevaluation,” 58 Psychological Bulletin 459.Google Scholar