Does Science know us better than we know Ourselves? The Utility of Evidence-Based Policy for Law Reform on the Competency and Capacity of Children

Approaches to law reform must involve a different focus than evidence — instead placing human rights, culture, history, general ideologies or feelings at the forefront. This paper will demonstrate that these alternative approaches provide the foundation for law, while evidence simply acts as a complement. However, an evidence- based approach may still be desirable. This paper will proceed by outlining the nature of the problem, and presenting a case for the use of EBP. Secondly, the use of evidence in law reform over time will be evaluated. The focus of later sections will investigate how an evidence-based approach may work in this area