Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 Conceptualizing Legal Childhood in the Twenty-First Century Elizabeth S. Scott Columbia Law School,
[email protected] Clare Huntington Fordham University School of Law,
[email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Family Law Commons, and the Juvenile Law Commons Recommended Citation Elizabeth S. Scott & Clare Huntington, Conceptualizing Legal Childhood in the Twenty-First Century, MICHIGAN LAW REVIEW, VOL. 118, P. 1371, 2020; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-633 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2536 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact
[email protected]. CONCEPTUALIZING LEGAL CHILDHOOD IN THE TWENTY-FIRST CENTURY Clare Huntington† & Elizabeth S. Scott†† Forthcoming, Michigan Law Review The law governing children is complex, sometimes appearing almost incoherent. The relatively simple framework established in the Progressive era, in which parents had primary authority over children, subject to limited state oversight, has broken down over the past few decades. Lawmakers started granting children some adult rights and privileges, raising questions about their traditional status as vulnerable, dependent, and legally incompetent beings. As children emerged as legal persons, children’s rights advocates challenged the rationale for parental authority, contending that robust parental rights often harm children. And a wave of punitive reforms in response to juvenile crime in the 1990s undermined the state’s long- standing role as the protector of children.