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How the Law Thinks About Children

NCJ Number
132619
Author(s)
M King; C Piper
Date Published
1990
Length
180 pages
Annotation
The ways in which the law, the justice system, and other institutions in the United Kingdom and other western democracies define and view children are examined with emphasis on distinctions between concepts of child welfare and justice and on implications for social policy.
Abstract
The discussion considers theoretical and practical aspects of legal constructs and notes their role in discussions of issues such as the rights of minors, parental rights, child abuse, divorce, juvenile offenders, and juvenile court proceedings. The analysis concludes that adversarial proceedings, litigiousness, and the use of judges who are not specialists in juvenile issues are among the factors that prevent legal systems from being responsive to the needs of children. Nevertheless, legal systems of the United States, Great Britain, and other countries contain some constructive features including the use of conciliation and mediation as alternatives to court proceedings, the provision of the guardian ad litem, and approaches that adjust to the characteristics and needs of children. Chapter notes, index, and 241 references