scholarly journals Conceptualizing Legal Childhood in the Twenty-First Century

2020 ◽  
pp. 1371
Author(s):  
Clare Huntington ◽  
Elizabeth Scott

The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive Era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined the state’s long-standing role as the protector of children. We address this seeming incoherence by identifying a deep structure and logic in the regulation of children that is becoming clear in the twenty-first century. In our conceptual framework, the law’s central goal, across multiple legal domains, is to promote child wellbeing. This unifying purpose has roots in the Progressive Era, but three distinct characteristics distinguish the modern approach. Today, lawmakers advance child wellbeing with greater confidence and success by drawing on a wide body of research on child and adolescent development and the efficacy of related policies. This is bolstered by the clear understanding that promoting child wellbeing generally furthers social welfare, leading to a broader base of support for state policies and legal doctrines. Finally, there is a growing recognition that the regulation of children and families has long been tainted by racial and class bias and that a new commitment to minimizing these pernicious influences is essential to both the legitimacy and fairness of the regime. In combination, these features make the contemporary regulatory framework superior to earlier approaches. Rather than pitting the state, parents, and child in competition for control over children’s lives—the conception of family regulation since the 1960s—our Child Wellbeing framework offers a surprisingly integrated regulatory approach. Properly understood, parental rights and children’s rights, as well as the direct role of the state in children’s lives, are increasingly defined and unified by a research-driven, social-welfare-regarding effort to promote child wellbeing. This normatively attractive conceptualization of legal childhood does not define every area of legal regulation, but it is a strong through-line and should be elevated and embraced more broadly. In short, our framework brings coherence to the complex legal developments of the past half-century and provides guidance moving forward for this critical area of the law.

2000 ◽  
Vol 31 (1) ◽  
pp. 55
Author(s):  
I L M Richardson

This article was presented as a lecture on "Capital Law School Day" organised by the New Zealand Institute of Advanced Legal Studies to mark the occasion of the centenary of the Faculty of Law, Victoria University of Wellington in 1999. The general theme of the Day's seminar was how the law and the Victoria University of Wellington's Law School should develop into the millennium. The author considers the future of Victoria Law School by referring to its unique strengths and attributes, and how these have led to successes in the past. The author then looks at the changes that have taken place and are taking place in our legal world. 


2010 ◽  
Vol 9 (1) ◽  
pp. 4-39 ◽  
Author(s):  
Gianluigi Palombella

This article aims at offering an innovative interpretation of the potentialities of the “rule of law” for the twenty-first century. It goes beyond current uses and the dispute between formal and substantive conceptions by exploring the roots of the institutional ideal. Also through historical reconstruction and comparative analysis, the core of the rule of law appears to be a peculiar notion. It displays a special objective that the law is asked to achieve, on a legal plane, largely independently of political instrumentalism. The normative meaning is elaborated on and construed around notions of institutional equilibrium, non-domination and “duality” of law. The ideal of the rule of law can be considered as, first, consistent with its historical constants, instead of being forged on purely abstract basis; second, extendable to contemporary institutional transformations, beyond the State; and, third, conceptually sustainable on a legal theoretical plane, where it is located without falling prey to the debate about the morality of valid law.


Author(s):  
Alex J. Bellamy

Until recently, East Asia was a boiling pot of massacre and blood-letting. Yet, almost unnoticed by the wider world, it has achieved relative peace over the past three decades.1 At the height of the Cold War, East Asia accounted for around 80 percent of the world’s mass atrocities. By the second decade of the twenty-first century, it accounted for less than 5 percent....


Author(s):  
Alexander Gillespie

The cumulative environmental challenge of sustainable development in the twenty-first century is larger than anything humanity has ever had to deal with in the past. The good news is that solid progress is being reached in the understanding of issues in scientific terms and understanding what needs to be done. The bad news is twofold. First, although many of the environmental problems of earlier centuries are now being confronted, a new generation of difficulties is eclipsing what were the older difficulties. Secondly, much of the progress is being achieved by the wealthier parts of the planet, rather than the developing world. From population growth to climate change to unprecedented habitat and species loss, whether environmental sustainability can be achieved in the twenty-first century is an open question.


2018 ◽  

What does it mean to be a good citizen today? What are practices of citizenship? And what can we learn from the past about these practices to better engage in city life in the twenty-first century? Ancient and Modern Practices of Citizenship in Asia and the West: Care of the Self is a collection of papers that examine these questions. The contributors come from a variety of different disciplines, including architecture, urbanism, philosophy, and history, and their essays make comparative examinations of the practices of citizenship from the ancient world to the present day in both the East and the West. The papers’ comparative approaches, between East and West, and ancient and modern, leads to a greater understanding of the challenges facing citizens in the urbanized twenty-first century, and by looking at past examples, suggests ways of addressing them. While the book’s point of departure is philosophical, its key aim is to examine how philosophy can be applied to everyday life for the betterment of citizens in cities not just in Asia and the West but everywhere.


Author(s):  
Dionysia Katelouzou ◽  
Peer Zumbansen

This chapter explores corporate governance as a transnational regulatory field. Mirroring the rise in importance of the idea of shareholder wealth maximization as a firm’s definitive performance measure, corporate governance became a hotly contested field of competing visions of firms’ institutional and normative infrastructure in search of creating the most advantageous conditions to attract capital in volatile markets. This shift occurred at the same time that regulatory transformations in Western postindustrial societies since the early 1980s had begun to significantly shift public service provision and state-organized frameworks for old-age security guarantees and access to health services. Today’s corporate governance laboratory is a transnational force field, fought over by a host of different state and nonstate actors and also by private actors such as institutional investors. Meanwhile, following the financial crises in 2001, 2008 and 2020 and the simultaneously growing pressure on corporations from human rights, gender equality, and environmental groups, the corporate governance debate again is shifting. This time, a diversity of issues are being discussed under the corporate governance rubric, indicating a more comprehensive engagement with the firm’s purpose and functions and its societal obligations and responsibilities. Given the crucial role of firms as the residual claimants of a wide-ranging retreat of the state from its role in guaranteeing and providing a wide range of social functions, corporate governance is a mirror for the transformation of public and private power, and it has to address the twenty-first-century challenges, including global value chains and the proliferation of institutional investors, unfolding on a planetary scale.


2005 ◽  
Vol 33 (3) ◽  
pp. 325-340
Author(s):  
Dana L. Robert

One of the most important mission theories for the past two centuries has been the idea of the “Christian home.” Historical research, interviews with current missionaries, and studies of Christianity in the non-western world all show that the Christian home remains a central metaphor for how women conceptualize what it means to be a witness for Christ. In this paper, I will discuss why the Christian home remains important for mission practice, examine reasons for its omission from academic discussions of mission theory, look briefly at its history and changing definition, and conclude by urging that the Christian home be a renewed priority in discussions of missionary contextualization for the twenty-first century.


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