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Children's Law: Toward a New Realism
Authors:Melton  Gary B.  Wilcox  Brian L.
Affiliation:(1) Institute on Family and Neighborhood Life, Clemson University, USA;(2) Center on Children, Families, and the Law, University of Nebraska-Lincoln, Nebraska
Abstract:
The realist approach that has dominated American jurisprudence has long had especially great acceptance in regard to children's issues. Ironically, however, decision making on such topics has seemed to be particularly unlikely to be informed by careful assessments of social reality. Symbolism has prevailed over pragmatism. Psycholegal research on children's issues has also often been misdirected. Application of the Convention on the Rights of the Child may point the way to more psychologically minded children's law.
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