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Conceptualising the child through an ‘ethic of care’: lessons for family law

Published online by Cambridge University Press:  30 March 2006

Fiona Kelly
Affiliation:
University of British Columbia

Abstract

In this article I critically analyse the two historical models for conceptualising the child: the protectionist model and the children’s rights model. I argue that both models are inappropriate ways in which to conceptualise the child. Protectionism is paternalistic, essentialises the child, and denies the child a voice. Equally problematic, the children’s rights model presumes the social desirability of the liberal individual, and emphasises rights over relationships, and universal principles over concrete situations. Given the flaws inherent in these models, I propose a third way in which to conceptualise the child based on a feminist ‘ethic of care’. Drawing on the work of proponents of an ethic of care, I consider how the ethic might conceptualise the child, and how it might translate into a family law context.

Type
Research Article
Copyright
(2006) Cambridge University Press

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