| Document Type
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BL
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| Record Number
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865753
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| Main Entry
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Herring, Jonathan
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| Title & Author
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Vulnerability, Childhood and the Law /\ Jonathan Herring.
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| Publication Statement
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Cham, Switzerland :: Springer,, [2018]
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, ©2018
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| Series Statement
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SpringerBriefs in law
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| Page. NO
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1 online resource
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| ISBN
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3319786865
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: 9783319786865
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3319786857
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9783319786858
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| Bibliographies/Indexes
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Includes bibliographical references.
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| Contents
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Intro; Contents; 1 Introduction; Abstract; 1.1 The Central Argument of the Book; 1.2 The Definition of Childhood; 1.3 Children's Vulnerability; 1.4 Protection Under the Criminal Law; 1.5 Particular Rights; 1.6 Privileged Status; 1.7 Conclusion; References; 2 What is Vulnerability?; Abstract; 2.1 Introduction; 2.2 Labelling Groups; 2.3 Internal and External Elements; 2.4 Subjective/Objective Understanding of Vulnerability; 2.5 Official Definitions of Vulnerability; 2.6 Proposed Definition; 2.7 Conclusion; References; 3 Children and Vulnerability; Abstract; 3.1 Introduction
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3.2 Why Is Childhood Seen as a Time of Vulnerability?3.3 The Consequences of the Construction of Vulnerability; 3.3.1 Paternalism; 3.3.2 The Quietening of Children; 3.3.3 The Confinement of Children; 3.4 The Thinness of the Vulnerability Narrative; 3.4.1 Selective; 3.4.2 Homogenisation; 3.4.3 Endangerment; 3.5 Conclusion; References; 4 Are Children More Vulnerable Than Adults?; Abstract; 4.1 Introduction; 4.2 Universal Vulnerability; 4.3 We Are All Dependent on Others; 4.4 We All Have Impaired Capacity; 4.4.1 Information; 4.4.2 Rationality; 4.4.3 Values
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4.4.4 The Exaggerated Significance of Capacity4.5 The Vulnerability of the Human Body; 4.6 The Vulnerable Self; 4.7 Care; 4.8 Are Children Special?; 4.9 The Social Construction of Childhood; 4.10 Conclusion; References; 5 Childhood, Adulthood and the Law; Abstract; 5.1 Introduction; 5.2 Our Image of the Legal Self; 5.3 Rights; 5.4 Divisions; 5.5 Vulnerability and Care as Private; 5.6 Responsibilities to the Vulnerable; 5.7 Age of Consent; 5.8 Conclusion; References; 6 Vulnerability Is Good; Abstract; 6.1 The Good of Vulnerability; 6.2 Vulnerability and Co-operation
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6.3 Vulnerability and Change6.4 Vulnerability and Relationships; 6.5 Vulnerability and Personhood; 6.6 Conclusion; References
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| Abstract
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This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s "child liberationists" mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
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| Subject
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Capacity and disability.
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| Subject
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Children and adults-- Legal status, laws, etc.
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| Subject
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Children-- Legal status, laws, etc.
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| Subject
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Age groups.
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Capacity and disability.
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Child welfare.
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Children-- Legal status, laws, etc.
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| Subject
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Criminal or forensic psychology.
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| Subject
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Human rights.
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| Subject
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Jurisprudence philosophy of law.
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| Subject
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LAW-- Administrative Law Regulatory Practice.
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| Dewey Classification
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346.01/3083
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| LC Classification
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K639
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