Children's Law Toward a New Realism

• Published in: Law and human behavior Vol. 25; no. 1; pp. 3 - 12
• Main Authors: Melton, Gary B, Wilcox, Brian L
• Format: Journal Article
• Language: English
• Published: United States Kluwer Academic/Plenum Publishers 01-02-2001; American Psychological Law Society
• Series: Children, Families, and the Law
• Subjects: Child; Child abuse; Child Advocacy - legislation & jurisprudence; Child Advocacy - trends; Child development; Child neglect; Child psychology; Child Welfare - legislation & jurisprudence; Child Welfare - trends; Children & youth; Childrens rights; Families & family life; Family; Family law; Human; Humans; Judges & magistrates; Jurisprudence; Juvenile courts; Juvenile Delinquency; Law (Government); Law reform; Litigation; Philosophy, Medical; Psychological aspects; Psychology; Psychology, Child; Realism; Research - organization & administration; Science; Social sciences; Society; Teenagers; Treaties; United States; United States; United States > US
• ISSN: 0147-7307; 1573-661X
• DOI: 10.1023/A:1005683724247

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.