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The Oxford Handbook of Children and the Law最新文献

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Children and Juvenile Justice Law 儿童与少年司法
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.36
K. Hollingsworth
{"title":"Children and Juvenile Justice Law","authors":"K. Hollingsworth","doi":"10.1093/oxfordhb/9780190694395.013.36","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.36","url":null,"abstract":"Despite comprehensive international standards, children’s rights continue to be breached in juvenile justice systems around the world. This chapter suggests that conceptualizing children, autonomy, and—by extension—their rights as relational may improve rights protection for children who are in conflict with the law. It offers four justifications for a relational approach to juvenile justice—the descriptive, methodological, normative, and conceptual. The chapter then applies a relational framework to the specific context of juvenile justice rights in England and Wales and identifies three jurisprudential trends which, it suggests, indicate a partial shift by (some) courts towards a relational approach. However, there is still a considerable way to go before relationality goes beyond the superficial to become fully embedded as the basis for children’s rights in juvenile justice law. The chapter concludes by suggesting therefore, that as well as examining how the concept of autonomy is conceptualized in juvenile justice rights, we must also unpack and explore how the courts understand the concept of autonomy per se, if we are to achieve greater compliance with international rights standards.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115243642","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Private School Regulation 私立学校规例
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.32
J. Shulman
{"title":"Private School Regulation","authors":"J. Shulman","doi":"10.1093/OXFORDHB/9780190694395.013.32","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.32","url":null,"abstract":"This article lays out the constitutional bases for and limits of state regulation of private schools; describes the current regulatory framework; and considers how the debate over private-school oversight takes place within a broader discussion occurring in the realms of political theory and moral philosophy. Under the US Constitution, though state regulation cannot be arbitrary or unduly aggressive, so as to effectively prohibit private schooling, the Supreme Court has repeatedly affirmed that reasonable regulation is beyond question constitutional. Even so, the recent trend of legislative activity at the state level has been to deregulate private schooling in the name of parental rights and religious freedom—a trend, this article argues, that poorly serves the best interests of the child and the welfare of a democratic polity.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114592804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Race and the Adoption of Children 种族与儿童收养
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.10
R. R. Banks
{"title":"Race and the Adoption of Children","authors":"R. R. Banks","doi":"10.1093/oxfordhb/9780190694395.013.10","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.10","url":null,"abstract":"This chapter considers the role of race in the adoptive placement of children. In examining the law and policy issues, the chapter raises questions both about the role of race in American society and about the needs of children. These issues are reflected in the interplay in adoption law of two pivotal principles: the best interests of the child standard and the antidiscrimination principle. The best interests of the child standard is the guiding principle of child welfare law; the antidiscrimination principle has been incorporated into family law during the past half-century and disfavors decision making on the basis of race and certain other characteristics. Policy makers confront the challenge of how best to define each of these principles, and also how to balance or choose between them when they conflict. The chapter also identifies an apparent persistent gap in this realm between official policy and the daily practices of the social workers who orchestrate adoptions in the foster care system.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126421410","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Neurobiology of Childhood Psychosocial Adversity 儿童社会心理逆境的神经生物学
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.42
Anne E. Berens, Sarah K. G. Jensen, C. Nelson
{"title":"The Neurobiology of Childhood Psychosocial Adversity","authors":"Anne E. Berens, Sarah K. G. Jensen, C. Nelson","doi":"10.1093/oxfordhb/9780190694395.013.42","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.42","url":null,"abstract":"This chapter begins by providing a basic overview of how the brain develops, starting with conception and continuing through adolescence. It emphasizes the experience-dependent nature of development and discusses how experience “cuts both ways.” Positive experiences can exert a healthy impact on development, whereas exposure to adverse experiences can have a deleterious impact on development. The chapter draws upon studies of both animals and humans. It pays particular attention to the range of adverse experiences that can selectively impact different aspects of brain and behavioral development, such as the effects of stress or neglect. The chapter then turns to how such experiences can become biologically embedded, leading to long-term changes in both biological and psychological development. The chapter concludes by discussing the implications such knowledge has for the law.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132121254","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Proposed Policies to Reduce Weapons in Schools 减少学校武器的拟议政策
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.28
R. Benbenishty, R. Astor
{"title":"Proposed Policies to Reduce Weapons in Schools","authors":"R. Benbenishty, R. Astor","doi":"10.1093/OXFORDHB/9780190694395.013.28","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.28","url":null,"abstract":"This chapter offers a public health prevention perspective that goes beyond the usual policy responses to the tragic and reoccurring mass shootings of the past two decades. It is based on a theoretical framework presented in the authors’ 2005 book Bullying and School Violence in Evolving Contexts. The chapter begins with a theoretical framework that proposes new avenues for understanding and addressing the presence of weapons in schools. It defines the term “weapons in schools” to include any kind of weapon brought to school, threats or injuries with weapons, and even seeing or knowing of another student on school grounds is carrying a weapon. In terms of policy responses, the chapter offers ways to balance educational and justice system (penal) responses. Finally, based on the authors’ theoretical model and public health perspective, it presents detailed policy suggestions.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121909602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
The Promises and Pitfalls of Constitutionalizing Children’s Rights 儿童权利宪法化的承诺与陷阱
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.40
Conor O'Mahony
{"title":"The Promises and Pitfalls of Constitutionalizing Children’s Rights","authors":"Conor O'Mahony","doi":"10.1093/oxfordhb/9780190694395.013.40","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.40","url":null,"abstract":"In 2012, the Irish Constitution was amended by the insertion of a new provision focused on children’s rights. This amendment marked the culmination of a twenty-year campaign driven in large part by the opinion that the Constitution overemphasized the rights of parents and the family unit to the detriment of the rights of children. Campaigners hailed the outcome of the referendum as a historic day, but academic opinion has been more cautious about the true impact and potential of the final version. This article examines the lessons of the Irish experience by first exploring the reasons why children’s rights might be constitutionalized. It then examines the background to the Irish amendment, before drawing some conclusions on its impact and on what can be learned from the Irish experience on the value and limitations of constitutional change as a vehicle for advancing children’s rights.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122667940","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
When Does a Right to Life Arise? 生命权何时产生?
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.3
L. Wardle
{"title":"When Does a Right to Life Arise?","authors":"L. Wardle","doi":"10.1093/OXFORDHB/9780190694395.013.3","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.3","url":null,"abstract":"The question of when a legal right to life first arises in the course of a human being’s development is pertinent to a variety of contexts, including protection of prenatal life from injury by persons other than the gestational mother, what to do with frozen embryos when the couple who created them divorces, and how to treat children born with severe disabilities, as well as the more familiar context of state regulation, restriction, or prohibition of abortion. This chapter first summarizes social and biological science findings relevant to this question, then details development of legal rules and constitutional doctrine pertaining to abortion regulation before contrasting that with protections for prenatal life in other contexts. It concludes that the most coherent answer to the question when a right to life arises is that the right to life is coextensive with the biological life of the human being, and that a legal right to remain alive arises when a human being comes into existence and continues until it ceases to be a human being—that is, when its life has ended. This might provide justification for greater restrictions on abortion, but that could depend on additional considerations.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123957593","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Protection of the Health of Newborns 保护新生儿健康
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.11
R. S. Howe
{"title":"Protection of the Health of Newborns","authors":"R. S. Howe","doi":"10.1093/oxfordhb/9780190694395.013.11","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.11","url":null,"abstract":"Infants lack capacity, so the state assigns parents the authority to grant permission on behalf of their child for interventions that are routine, non-emergent interventions, or emergent/life-preserving. For the infant who is severely compromised medically and for whom any intervention would be considered futile, a dialectic between preserving “life at all costs” and the infant’s interest in avoiding unnecessary suffering emerges, prompting potential schisms between parents, physicians, the medical facility, and the state—each of which brings its own biases. Physicians are charged with compassionately providing accurate disclosure that is free of bias and refraining from exerting coercive influence. Parents need to be allowed the space and support to thoughtfully deliberate. Medical facilities, through ethics committees, can provide a path to resolving conflicts without resorting to adjudication in courts. Deliberation should focus on the principles of the infant’s best interests and substitute judgment.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114932051","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Equal Parenting Time 平等的育儿时间
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/OXFORDHB/9780190694395.013.22
W. Fabricius
{"title":"Equal Parenting Time","authors":"W. Fabricius","doi":"10.1093/OXFORDHB/9780190694395.013.22","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.22","url":null,"abstract":"This chapter reviews several sources of evidence bearing on the question of whether equal parenting time with both parents is in the best interests of children of divorce. First, the scientific evidence consists of correlational findings that meet four conditions necessary for a causal role of parenting time: A legal context that constrains the possibility of self-selection; a “dose-response” association between parenting time and father-child relationships; positive outcomes when parents disagree and courts impose more parenting time; and negative outcomes when relocations separate fathers and children. Second, the cultural evidence is that norms about parenting roles have changed in the last generation, and this is reflected in public endorsement of equal parenting time. Third, test-case evidence comes from the 2013 equal parenting law in Arizona, which has been evaluated positively by the state’s family law professionals. Finally, examples from recent Canadian case law show courts responding to the new cultural norms by crafting individualized equal parenting time orders over one parent’s objections even in cases of high parent conflict, accompanied by well-reasoned judicial opinions about how that is in children’s best interests. The chapter concludes that the overall pattern of evidence indicates that legal presumptions of equal parenting time would help protect children’s emotional security with each of their divorced parents, and consequently would have a positive effect on public health in the form of reduced long-term stress-related mental and physical health problems among children of divorce.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"77 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114698332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The Intersection between Schools and the Criminal Justice System 学校与刑事司法系统的交集
The Oxford Handbook of Children and the Law Pub Date : 2020-04-30 DOI: 10.1093/oxfordhb/9780190694395.013.31
Jason P. Nance
{"title":"The Intersection between Schools and the Criminal Justice System","authors":"Jason P. Nance","doi":"10.1093/oxfordhb/9780190694395.013.31","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.31","url":null,"abstract":"This chapter discusses the intersection between schools and the criminal justice system, why this intersection has tightened in recent decades, and the negative consequences associated with this negative trend on individuals, families, and our nation. It also describes how marginalized student groups often suffer disproportionately from these negative trends, leading to further harm. Finally, it discusses initiatives that schools can adopt to promote safe learning environments without resorting to coercive policies that lead to more student involvement in the criminal justice system.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132218649","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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