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Developing Children’s Legal Capability
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01 June 2027
On paper, children are both empowered and protected by numerous laws and international rights instruments. In practice, however, we know that most children know very little about their legal rights, and how to exercise them.
This book combines theoretical insight with practical guidance to propose that children can and should be provided with opportunities to develop their ‘legal capability’ – i.e. to develop the legal knowledge, skills and confidence they need to deal effectively with the law related issues they encounter in their everyday lives - at home, in school and in their wider communities. It presents a four-level framework – baseline, advocacy, mastery, and criticality - for developing children’s legal capability. Learning is based on children’s own lived experiences, and how the law applies directly to them.
Addressing complex questions surrounding criminal responsibility, legal capacity, and whether children are psychologically and morally capable of developing legal capability, the book offers a ‘how to’ guide for those who wish to take this work forward.
Professor Dawn Watkins, Professor of Law, University of Sheffield
Professor Clare Wood, Director of the Centre for Language, Education and Developmental Inequalities, Nottingham Trent University.
Introduction
1. Legal Capability
2. A Legal Capability Framework for Children
3. Are Children Capable of Being (or becoming) Legally Capable?
4. Capability, Capacity and Complexity
5. Children’s Legal Capability and Criminal Responsibility
6. Developing Children’s Legal Capability in Practice: Key Principles
7. Putting the Framework into Practice