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The Child before the Court - Judgment, Citizenship, and the Constitution (Hardcover)
Loot Price: R1,432
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The Child before the Court - Judgment, Citizenship, and the Constitution (Hardcover)
Series: Rhetoric, Law, and the Humanities
Expected to ship within 12 - 17 working days
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A study that challenges our notions about citizenship and judgment
by considering the place of children in historical and contemporary
legal discourse. Many of the most controversial political issues of
our time focus on the actions and well-being of children such as
Greta Thunberg's climate movement; youth activists standing up for
racial justice, safe schools, and an equitable economy; and the
furor over separating migrant children from their families. When do
we treat children as competent citizens, when do we treat them as
dependents in need of protection, and why? The Child before the
Court: Judgment, Citizenship, and the Constitution provides answers
to these foundational questions. It analyzes landmark US Supreme
Court cases involving children's free speech and due process rights
and argues that our ideas about civic and legal judgment are deeply
contested concepts instead of simple character traits. These cases
serve as analytic touchstones for these problems, and the Court's
opinions seemingly articulate clear rules through a pragmatic
balancing of interests. Timothy Barouch shows how these cases
continually reshape constitutional thought, breaking from a
vocabulary of wardship and recasting the child as a liberal
individual. He analyzes these legal opinions as judicial
novelizations and focuses on their rhetorical markers: the range of
tropes, idioms, figures, and arguments that emerge across nearly
two centuries of jurisprudence in this important but oft-neglected
area. The careful and subtle readings of these cases demonstrate
how judicial representations of the child provide key resources for
thinking about the child as citizen and, more broadly, citizenship
itself. It serves as a bold call to think through the relationship
between the liberal individual and the problem of civic judgment as
it manifests in public culture in a wide array of contexts at a
time when liberal democracy is under siege.
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