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UF Law Faculty Publications

Family Law

2018

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Full-Text Articles in Law

The New Law Of The Child, Anne C. Dailey, Laura A. Rosenbury Apr 2018

The New Law Of The Child, Anne C. Dailey, Laura A. Rosenbury

UF Law Faculty Publications

This Article sets forth a new paradigm for describing, understanding, and shaping children’s relationship to law. The existing legal regime, which we term the “authorities framework,” focuses too narrowly on state and parental control over children, reducing children’s interests to those of dependency and the attainment of autonomy. In place of this limited focus, we envision a “new law of the child” that promotes a broader range of children’s present and future interests, including children’s interests in parental relationships and nonparental relationships with children and other adults; exposure to new ideas; expressions of identity; personal integrity and privacy; and participation …