Children Social Science And The Law

This important book broadens our conceptualization of the topic of children and law, addressing a wide-ranging set of issues in need of attention. The authors confront many difficult questions such as: Are the rights that our nation's laws ascribe to children commensurate with their capabilities and needs? How should laws governing the punishment of crime acknowledge developmental differences between adult and juvenile offenders? Throughout the book, the authors consider (a) current laws and policies relating to children; (b) how social science research can test assumptions behind child-relevant laws and policies; (c) ways that courts can become more receptive to social science recommendations; and (d) challenges faced in the 21st century as our society continues its struggle to accommodate children's concerns within our legal system. With its unique integration of psychological research, social policy, and legal analysis, the volume is an important resource for any professional concerned with children and the law.

Dramatic cases of child abuse and neglect are featured with tragic regularity in the news. The stories vividly demonstrate both the urgent need for improved child protection services and the unwieldiness and ineffectiveness of the systems charged with the task. To complicate matters further, the original intent of child welfare policy is becoming increasingly obscured as legal responses to child maltreatment become more complex, intrusive, and even contradictory. Fueled by a consistent narrative and a lucid ethical stance, Child Maltreatment and the Law analyzes the increasing role legal systems play in family life and traces rapidly evolving legal concepts as they apply to child protection. This unique volume helps readers: (1) Navigate the various layers of legal regulation – federal and state – involved in child protection and family life. (2) Identify variations and discrepancies in definitions of maltreatment and legal responses. (3) Critique the relationships and boundary disputes between the criminal and civil justice systems and agencies dedicated to children’s welfare. (4) Analyze controversies (e.g., removing children from maltreating families) and other prime areas for possible reform. Child Maltreatment and the Law is a must-read for psychologists, developmentalists, sociologists, social workers, criminologists, and researchers focusing on family life as well as policymakers and advocates working within the legal system. The book is particularly useful for courses relating to child welfare law or child abuse and neglect.

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children’s rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

Children’s rights appear universal, inalienable, and indivisible, intended to advance young people’s interests. Yet, in practice, evidence suggests the contrary: the international framework of treaties, procedures, and national policies contains fundamental contradictions that weaken commitments to children’s real-world protections. Brian Gran helps us understand what is at stake when children’s rights are compromised. This insightful text grounds readers in core theories and key data about children’s legal entitlements. The chapters tackle central questions about what rights accrue to young people, whether they advance equality, and how they influence children’s identities, freedoms, and societal participation. Ultimately, this book shows how current frameworks hinder young people from possessing and benefiting from human rights, arguing that they function as cynical invitations to question whether we truly believe children are endowed with human rights. The Sociology of Children’s Rights offers a critical and accessible introduction to understanding a complex issue in the contemporary world, and is a compelling read for students and researchers concerned with human rights in sociology, political science, law, social work, and childhood studies.

When does social science research reach the legal system? What determines whether and how it is used when it gets there? To answer these questions, REFORMING THE LAW assesses the impact of research on children's competence in decision making and also looks more generally at the effectiveness of social scientists in reaching legal decision makers. The authors give practical guidance to social scientists who wish to influence the legal system. They also provide new insights into the sociology of the law and the social sciences. Drawn from both academia and policy centers, the authors apply their backgrounds in law, psychology, and policy analysis for a rich interdisciplinary discussion of the process of legal policy making. A product of a study group sponsored by the Society for Research in Child Development, REFORMING THE LAW has special significance for child development researchers, legal policy makers, and practitioners. Readers interested in the development of child legal policy, social scientists who seek to inform the law, and anyone wishing to understand the interaction between law and social science will also find this volume an invaluable resource.

Following the implementation of the Human Rights Act 1998, awareness has increased that we live in a rights-based culture and that children constitute an important group of rights holders. Now in its third edition, Children's Rights and the Developing Law explores the way developing law and policies in England and Wales are simultaneously promoting and undermining the rights of children. It reflects on how far these developments take account of children's interests, using current research on children's needs as a template against which to assess their effectiveness and considering a broad range of topics, including medical law, education and youth justice. A critical approach is maintained throughout, particularly when assessing the extent to which the concept of children's rights is being acknowledged by the courts and policy makers and the degree to which the UK fulfils its obligations under, for example, the UN Convention on the Rights of the Child.

The Oxford Handbook of Children and the Law presents cutting-edge scholarship on a broad range of topics covering the life course of humans from before birth to adulthood, by leading scholars in law, medicine, social work, sociology, education, and philosophy, and by practitioners in law and medicine. An international collection of authors presents and analyzes the law and science pertaining to reproduction; prenatal life (including fetal exposure to toxic substances and abortion); parentage (including biology-based rights, background checks on birth parents, adoption, the status of gamete donors, and surrogacy); infant development and vulnerability; child maltreatment (including corporal punishment and religious defences to abuse and neglect); child protection policy and systems; foster care; child custody disputes between parents or between parents and other caregivers; schooling (including financing, resegregation, religious expression in public schools, at-risk students, special education, regulation of private schools, and homeschooling); delinquency; minimum-age laws; and child advocacy. Most chapters follow a format wherein they first describe the most debated or dynamic issues in each topical area, then explain in depth the law and/or science pertaining to the author's particular focus, and finally offer arguments and recommendations as to law and policy in that area. The normative component aims to advance discussions and debates in vital areas of contemporary child welfare law and policy. The Handbook is an essential resource for scholars and professionals interested in the intersection of children and the law.

This volume asks what legal and socio legal scholarship can contribute to understanding the role of law in the care and development of children. The editors have selected key articles ranging from theoretical analysis to empirical data based research that address the law's approach in the United States and the United Kingdom to resolving parenting disputes after separation, protecting children from abuse and neglect, and affording children procedural protections in the juvenile justice system. Their introduction to these important and often distressing areas of the law confirms the importance of understanding how law works in practice, and reaffirms that law itself remains responsible for articulating and protecting society's values.