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Maturity, Difference, and Mystery: Children's Perspectives and the Law

Abstract

Professor Fitzgerald examines the legal treatment of children in constitutional, child support, and custody law. She observes that legal analysis characterizes children either as potential adults or as subsumed by parental or state interests. In response, Professor Fitzgerald suggests rethinking jurisprudential models of personhood so as to include children as children. The law requires reform, Professor Fitzgerald argues, to recognize children, not as potential adults, nor as representatives of adult interests, but rather as people inherently valuable to themselves and to their families as children. Professor Fitzgerald concludes with suggestions for initial reforms designed to help value children legally as children.

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36 Ariz. L. Rev. 11 (1994)

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Authors

Wendy Anton Fitzgerald (University of Florida)

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