The Oxford Handbook of Children and the Law最新文献

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Addressing Childhood Trauma 应对童年创伤
The Oxford Handbook of Children and the Law Pub Date : 2018-11-07 DOI: 10.1093/oxfordhb/9780190694395.013.16
S. Marans, Hilary Hahn, Carrie Epstein
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引用次数: 2
Children and the Law: An Introduction 儿童与法律:导论
The Oxford Handbook of Children and the Law Pub Date : 2018-11-07 DOI: 10.1093/oxfordhb/9780190694395.013.1
J. Dwyer
{"title":"Children and the Law: An Introduction","authors":"J. Dwyer","doi":"10.1093/oxfordhb/9780190694395.013.1","DOIUrl":"https://doi.org/10.1093/oxfordhb/9780190694395.013.1","url":null,"abstract":"This article introduces The Oxford Handbook of Children and the Law. This volume of collected essays by many of the world’s leading scholars of child welfare and law combines thorough research on a comprehensive range of legal issues salient in children’s lives with sophisticated theoretical and policy analysis of the law, informed by current empirical research on child development and welfare. The Handbook’s organization follows the life of a child, more or less chronologically, from prebirth to adolescence and a sequence of ever-widening social spheres—from the womb to family to society to the world. The topics range from assisted reproduction, protection of fetuses, parentage, child maltreatment, medical care, education, custody disputes, children’s privacy, delinquency, minimum age laws, and strategies for advocating for youths. There is also substantial geographic breadth; the authors of the volume’s chapters represent four continents and roughly a dozen countries. A unifying feature of the volume is that all chapters put children at the center of attention. The authors write about topics relating to children from within their respective areas of expertise and offer a perspective that focuses first and foremost on how the law impacts children’s wellbeing and experience of life. This often produces unfamiliar, thought-provoking conclusions.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133811197","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
Procreation and Parenting 生育与养育
The Oxford Handbook of Children and the Law Pub Date : 2018-11-07 DOI: 10.1093/OXFORDHB/9780190694395.013.7
K. Baker
{"title":"Procreation and Parenting","authors":"K. Baker","doi":"10.1093/OXFORDHB/9780190694395.013.7","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.7","url":null,"abstract":"This chapter explores the contemporary relevance of genetic connection to legal parental status. After briefly explaining the legal origins of the link between genetic and legal parenthood—mostly through paternity law—the chapter analyzes the U.S. Supreme Court’s dance with the constitutional relevance of genetic connection to legal parenthood. Although the Supreme Court was eager to dispense with marriage as the sole arbiter of legal parenthood, it was unwilling to embrace genetics as a complete substitute. Instead the Court suggested that genetics must sometimes be relevant to legal parenthood, without giving any clear guidelines on when or why. The absence of any guidelines is particularly relevant in the United States today because 40 percent of children are born to unmarried mothers and, thus, usually have a father identified through a regulatory mechanism rooted mostly in genetics. The men identified as legal fathers in this way, while often desirous of being good fathers, are often—through no fault of their own—unable to provide either financially or emotionally for their children. Attempts to bolster the legal rights and parenting opportunities of these men often expect the law to do what it cannot: force two people (in this case, the genetic parents) to trust and cooperate with each other. This chapter thus raises the question of whether the link between genetic and legal parenthood still serves any useful purpose. The best solution for children may be for the law to grow more comfortable with the legitimacy of single parenthood.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126003796","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
Children’s Religious Freedom in State Schools 公立学校儿童宗教自由
The Oxford Handbook of Children and the Law Pub Date : 2018-11-07 DOI: 10.1093/OXFORDHB/9780190694395.013.27
M. Hunter-Henin
{"title":"Children’s Religious Freedom in State Schools","authors":"M. Hunter-Henin","doi":"10.1093/OXFORDHB/9780190694395.013.27","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.27","url":null,"abstract":"This chapter focuses on children’s rights to religious freedom raised against state policies in state schools. It analyzes the distinction usually drawn between religious education (RE) courses and others. Most legal systems will allow non-denominational RE courses in state schools provided they are accompanied with rights to opt out. By contrast, purely “secular” courses will usually be mandatory. This chapter will argue that, assuming that rights to opt out legitimately accompany RE courses, they should also attach to secular courses on ethics and morality. On the contrary, religious and moral implications of scientific theories, such as evolutionary theories, should not give rise to exemption rights. In a second part, the chapter considers religious symbol cases, arguing that whether symbols are state endorsed or worn by pupils, courts should resist the temptation to ascribe unilateral meanings to symbols, but carry out instead a contextual assessment of their impact.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132081522","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
Children in Fragile Families 脆弱家庭中的儿童
The Oxford Handbook of Children and the Law Pub Date : 2009-10-01 DOI: 10.1093/OXFORDHB/9780190694395.013.12
S. McLanahan
{"title":"Children in Fragile Families","authors":"S. McLanahan","doi":"10.1093/OXFORDHB/9780190694395.013.12","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.12","url":null,"abstract":"Families formed by unmarried parents increased dramatically in the United States during the latter half of the 20th century. To learn more about these families, a team of researchers at Princeton University and Columbia University designed and implemented a large birth cohort study—The Fragile Families and Child Wellbeing Study. This chapter highlights several findings from the study. First, most unmarried parents have “high hopes” for a future together at the time of their child’s birth; but their resources are low and most relationships do not last. Second, unmarried mothers experience high levels of partnership instability and family complexity, both of which are associated with lower-quality parenting and poorer child well-being. Finally, welfare state, child support and criminal justice policies play a large role in the lives of fragile families.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133804107","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: 5
Children’s Participation in Decisions about Parenting Arrangements 子女参与有关养育安排的决定
The Oxford Handbook of Children and the Law Pub Date : 1900-01-01 DOI: 10.1093/OXFORDHB/9780190694395.013.38
P. Parkinson, J. Cashmore
{"title":"Children’s Participation in Decisions about Parenting Arrangements","authors":"P. Parkinson, J. Cashmore","doi":"10.1093/OXFORDHB/9780190694395.013.38","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.38","url":null,"abstract":"This chapter explores the different ways that children can participate in custody and child protection cases. It is not only articulate older children and young people who ought to have an input into decisions. Children can “speak” in a variety of ways, and not only through words. To allow them to participate effectively, adults need to assist them through “scaffolding” their participation. Hearing the voice of the child also involves dilemmas. Children may not want to be involved for a variety of different reasons, some of which they may not feel free to disclose. The chapter concludes by offering four principles about how to hear from children in cases involving parenting arrangements.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114054294","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 ART of Parentage 亲子的艺术
The Oxford Handbook of Children and the Law Pub Date : 1900-01-01 DOI: 10.1093/OXFORDHB/9780190694395.013.8
Naomi R. Cahn
{"title":"The ART of Parentage","authors":"Naomi R. Cahn","doi":"10.1093/OXFORDHB/9780190694395.013.8","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.8","url":null,"abstract":"The world of reproductive technology, including donor gametes and surrogacy, brings new challenges to identifying parents and respecting children’s rights. An intending parent—married or unmarried—is not necessarily the genetic contributor to the resulting child. And children have interests in knowing the identity of their genetic progenitors. This chapter focuses on whom the law recognizes as parents when a child has been created through assisted reproductive technology. While the chapter traces how intent has emerged as the critical factor in determining parentage, it also shows how intentional parenthood might sometimes be in tension with functional parenthood. The chapter provides a brief history of the technologies and their implications for parentage law and children’s rights to know their genetic origins. It also considers how the law might better adjust to changing technologies and family structures to produce outcomes that respect the child, rather than abstract concepts of equality—or even the parents’ interests.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116068804","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
Gender, Justice, and Youth Development 性别、正义与青年发展
The Oxford Handbook of Children and the Law Pub Date : 1900-01-01 DOI: 10.1093/OXFORDHB/9780190694395.013.43
Francine T. Sherman
{"title":"Gender, Justice, and Youth Development","authors":"Francine T. Sherman","doi":"10.1093/OXFORDHB/9780190694395.013.43","DOIUrl":"https://doi.org/10.1093/OXFORDHB/9780190694395.013.43","url":null,"abstract":"From the time the first US training school for girls was opened in 1856 to today, girls have been over-represented in the juvenile justice system for behaviors that stem from trauma, and the justice system has been used to promote a narrow and typical view of female gender-conforming behavior. This chapter examines the pathways girls and LGBTQ youth take into and through the juvenile justice system to show disparate impact on black girls, girls with child-welfare histories, girls who experience violence in their homes, girls with mental and behavioral health issues, and girls and LGBTQ youth who are victims of sex trafficking. In all these categories, best practices would reduce juvenile and criminal justice system involvement in favor of community-based, positive developmental solutions. Some of those more promising and evidence-based solutions are provided at the conclusion of the chapter.","PeriodicalId":234430,"journal":{"name":"The Oxford Handbook of Children and the Law","volume":"88 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127328419","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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