Transracial adoption in England: a critical race and systems theory analysis

Abstract

The legal requirements of transracial adoption of children in England changed in 2014. An amendment to the law removed a requirement that due consideration be given to the 'child 's religious persuasion, racial origin and ethnic and linguistic background '. This change was motivated by the belief that to do so would increase the number of transracial adoptions and thus decrease the number of children in care awaiting adoption. The likelihood of this change being successful is examined through a combination of critical race theory and systems theory. The combination of these theories permits an investigation into the communications between the political, legal and child welfare systems. This paper offers an enriched evaluation of the interactions of the child welfare, legal and political systems that should be of use to those who work in those systems, as well as providing a basis for understanding why this legal amendment will not achieve its objectives.

The Value of Systems Thinking for and in Regulatory Governance: An Evidence Synthesis

“…First, scholars illustrate how miscommunication between systems may result in noncompliance and regulatory failure. The binary code of law often does not allow for capturing the nuanced and often fuzzy reality that regulators face (Sargent, 2015). Noncompliance can be expected when the rational-legal language and concepts used in law and in regulation do not reflect or resonate with those used in the economic, environmental, or societal areas they seek to address (Aalders & Wilthagen, 1997; Born & Goldschmidt, 1997).…”

“…Niklas Luhmann’s work is the most cited in the publications included in the evidence synthesis. Seven of the nine articles identified take inspiration from Luhmann’s theory of systems thinking (Aalders & Wilthagen, 1997; Born & Goldschmidt, 1997; Cohn, 2001; Lawson, 2011; Perez, 2008; Sargent, 2015; Verschraegen, 2018). These articles address three specific themes that can broadly be summarized as: “To regulate is to perform a social act of intentional communication” (Born & Goldschmidt, 1997, p. 26).…”