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Vulnerability, Childhood and the Law (Paperback, 1st ed. 2018)
Loot Price: R1,539
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Vulnerability, Childhood and the Law (Paperback, 1st ed. 2018)
Series: SpringerBriefs in Law
Expected to ship within 10 - 15 working days
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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.
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