Table of contents
About this book
This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for.
It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults.
This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
- Book Title Vulnerability, Childhood and the Law
- Series Title SpringerBriefs in Law
- Series Abbreviated Title SpringerBriefs Law
- DOI https://doi.org/10.1007/978-3-319-78686-5
- Copyright Information The Author(s) 2018
- Publisher Name Springer, Cham
- eBook Packages Law and Criminology Law and Criminology (R0)
- Softcover ISBN 978-3-319-78685-8
- eBook ISBN 978-3-319-78686-5
- Series ISSN 2192-855X
- Series E-ISSN 2192-8568
- Edition Number 1
- Number of Pages VI, 70
- Number of Illustrations 0 b/w illustrations, 0 illustrations in colour
Childhood, Adolescence and Society
Law and Psychology
Theories of Law, Philosophy of Law, Legal History
Philosophy of Law
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