儿童权利法律多元化研究的新模式,以中非共和国儿童受教育权个案研究为例

IF 0.6 Q2 Social Sciences
M. Hopman
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引用次数: 1

摘要

在试图理解儿童权利受到侵犯的原因时,很少有研究者将法律多元主义作为儿童权利实证研究的理论框架。在大多数情况下,人们并不清楚为什么某种社会现象被归类为“法律”,而且缺乏对与儿童有关的较小的法律秩序(如学校和家庭)的研究。我的假设是,对孩子来说,法律主要是他们的父母或老师告诉他们的。因此,我们从儿童的角度看待法律时发现,这项法律必须被视为影响保护和(或)侵犯儿童权利的法律的完整图景的一部分。在本文中,我为儿童权利的研究提出了另一种法律多元主义的理论和方法框架。为了超越理论,我将展示我如何将理论应用于中非共和国儿童受教育权的案例研究,并介绍其结果。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
A new model for the legal pluralist study of children’s rights, illustrated by a case study on the child’s right to education in the Central African Republic
Abstract When trying to understand why children's rights are being violated, legal pluralism has been used as a theoretical framework for the empirical study of children's rights by relatively few researchers. In most of these cases, it is unclear why a certain social phenomenon is categorized as “law,” and research on smaller legal orders related to children, such as the school and the household, is lacking. My hypothesis is that for children, law is mostly what their parents or their teachers tell them. Therefore, this law, that we find when looking at law through children's eyes, has to be recognized as part of a complete picture of law influencing the protection and/or violation of children's rights. In the current article, I present an alternative legal pluralist theoretical and methodological framework for the research of children's rights. To go beyond mere theory, I will show how I applied the theory to a case study on the child's right to education in the Central African Republic (CAR) and present its results.
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来源期刊
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期刊介绍: As the pioneering journal in this field The Journal of Legal Pluralism and Unofficial Law (JLP) has a long history of publishing leading scholarship in the area of legal anthropology and legal pluralism and is the only international journal dedicated to the analysis of legal pluralism. It is a refereed scholarly journal with a genuinely global reach, publishing both empirical and theoretical contributions from a variety of disciplines, including (but not restricted to) Anthropology, Legal Studies, Development Studies and interdisciplinary studies. The JLP is devoted to scholarly writing and works that further current debates in the field of legal pluralism and to disseminating new and emerging findings from fieldwork. The Journal welcomes papers that make original contributions to understanding any aspect of legal pluralism and unofficial law, anywhere in the world, both in historic and contemporary contexts. We invite high-quality, original submissions that engage with this purpose.
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