Gatekeepers or rights keepers? Domestic violence court clerks and the administration of justice in South Africa
by Moult, Kelley, Ph.D., AMERICAN UNIVERSITY, 2010, 244 pages; 3416999

Abstract:

This dissertation evaluates how court clerks use discretion to change, delete, or add to the basic statutory blueprint of the Domestic Violence Act in South Africa and the implications that this has for complainants rights. The dissertation argues that DV court clerks are critical but forgotten street bureaucrats, given that their work involves making judgments about "deserving" victims, and the protection that the court can and should provide. Building on the literatures of discretion in public administration and criminal justice, the study argues that the clerks act as either "gatekeepers" for the court system or as "rights keepers" for the complainant: defining victims and relationships as either 'normal' or 'problematic', and shaping the interpretation of rights on the basis of these judgments. This study applies implementation models developed in the U.S. to an international setting, the South African policy arena specifically, and to the policy area of domestic violence. It extends analysis of the interrelationship of street-level bureaucrats, community, and the law.

 
AdviserBrian E. Forst
SchoolAMERICAN UNIVERSITY
SourceDAI/A 71-08, p. , Aug 2010
Source TypeDissertation
SubjectsLaw; Public administration; Criminology; Public policy
Publication Number3416999
Adobe PDF Access the complete dissertation:
 

» Find an electronic copy at your library.
  Use the link below to access a full citation record of this graduate work:
  http://gateway.proquest.com/openurl%3furl_ver=Z39.88-2004%26res_dat=xri:pqdiss%26rft_val_fmt=info:ofi/fmt:kev:mtx:dissertation%26rft_dat=xri:pqdiss:3416999
  If your library subscribes to the ProQuest Dissertations & Theses (PQDT) database, you may be entitled to a free electronic version of this graduate work. If not, you will have the option to purchase one, and access a 24 page preview for free (if available).

About ProQuest Dissertations & Theses
With over 2.3 million records, the ProQuest Dissertations & Theses (PQDT) database is the most comprehensive collection of dissertations and theses in the world. It is the database of record for graduate research.

The database includes citations of graduate works ranging from the first U.S. dissertation, accepted in 1861, to those accepted as recently as last semester. Of the 2.3 million graduate works included in the database, ProQuest offers more than 1.9 million in full text formats. Of those, over 860,000 are available in PDF format. More than 60,000 dissertations and theses are added to the database each year.

If you have questions, please feel free to visit the ProQuest Web site - http://www.proquest.com - or call ProQuest Hotline Customer Support at 1-800-521-3042.