The New Law of the Child

Abstract

This Article sets forth a new paradigm for describing, understanding, and shaping children\u27s relationship to law. The existing legal regime, which we term the authorities framework;\u27 focuses too narrowly on state and parental control over children, reducing children\u27s interests to those of dependency and the attainment of autonomy. In place of this limited focus, we envision a new law of the child that promotes a broader range of children\u27s present and future interests, including children\u27s interests in parental relationships and nonparental relationships with children and other adults; exposure to new ideas; expressions of identity; personal integrity and privacy; and participation in civic life. Once articulated, these broader interests lay the foundation for a radical reconceptualization of the field of children and law. We propose a new tripartite framework of relationships, responsibilities, and rights that aims to transform how law treats children and their interactions with others. The framework addresses children\u27s needs for state and parental control in many instances while also moving beyond those concerns to foster children\u27s interests in the here and now

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