A dangerous direction: legal intervention in sexual abuse survivor therapy

Article Abstract:

Allowing third-party recovery against therapists in cases where the third party has been accused of sexual abuse through recovered memory is inconsistent with established tort law principles, is contrary to public policy and effectively silences child sexual abuse victims. A California father won a lawsuit against his daughter's therapist despite the fact that his wife and their daughter asserted that abuse occurred. This type of claim is unsupported by tort law because there is apparently no privity between therapists and accused persons in these cases.

Care and treatment, Cases, California, Malpractice, Psychotherapists, Recovered memory (Psychology), Recovered memory, Adult child sexual abuse victims

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Kant's legal positivism

Article Abstract:

Immanuel Kant's position on adherence to the rule of law is consistent with legal positivism in that the law must be accepted regardless of justice because rejection of the law undermines the social contract that is the basis of law. Differences of opinion on the merits of particular laws will occur, but the moral force of the law lies in adherence to all law. The positive approach to law dictates that a single community response to a problem will be selected and respected, despite individual differences in moral judgment.

Analysis, Beliefs, opinions and attitudes, Kant, Immanuel, Rule of law, Legal positivism

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