From Vulnerability to Voice: Appointing Counsel for Children in Civil Litigation
Abstract
The notion that children are defined by their "peculiar vulnerabilities" dates back to Blackstone, whose terminology has long restricted children's legal status. In general, the legal system has equated children's vulnerability with ineligibility for the full panoply of rights accorded to adults. This Article proposes to turn Blackstone's conclusion on its head. The author argues that children's peculiar vulnerabilities do not justify a regime of benevolent paternalism interpreted at the unreined discretion of judges. Instead, these perceived vulnerabilities provide the foundation for enhancing legal rights already accorded to children; in particular, children's vulnerabilities support their need for appointed counsel in civil litigation. This Article argues that existing jurisprudence actually supports the appointment of counsel for children. The logic of decisions interpreting the rights of other marginal and powerless groups-coupled with the extension of rights in the noncivil domains of juvenile justice provide ample precedents supporting the appointment of counsel for children in civil proceedings. (Author Text)
Description
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Article
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Keywords
child abuse, child protection, jurisprudence, legal opinion
Citation
Ross, C.J. (1996). From Vulnerability to Voice: Appointing Counsel for Children in Civil Litigation. Fordham Law Review, 64(4), 1571-1620.