A framework for developing children’s legal capability

Watkins, D, Mills, C and Wood, C ORCID logoORCID: https://orcid.org/0000-0003-1492-6501, 2025. A framework for developing children’s legal capability. Legal Studies. ISSN 0261-3875 (Forthcoming)

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Abstract

In this paper we introduce a framework for developing children’s legal capability. This is the outcome of an extended period of interdisciplinary research, reflection, and discussion to explore the question of ‘what does a legally capable child look like’? Initially this question was explored within the context of adult-focused legal capability literature, and we explain how the framework we propose in this paper has been informed by this scholarship. However, we go on to demonstrate how our work breaks new ground not only because of its focus on children, but because we radically reconceptualise legal capability, drawing on a range of interdisciplinary theories. Within the framework we introduce the concept of ‘baseline’ legal capability, and we argue this addresses the conundrum we identify in the literature, where legal capability is conceptualised as something which those most in need of effective public legal education can never achieve. More generally, we demonstrate how the framework turns traditional ideas about legal education upside down as we ‘decenter’ the law and legal institutions, and instead place the learner at its core.

Item Type: Journal article
Publication Title: Legal Studies
Creators: Watkins, D., Mills, C. and Wood, C.
Publisher: Cambridge University Press (CUP)
Date: 12 June 2025
ISSN: 0261-3875
Identifiers:
Number
Type
2469214
Other
Rights: This article has been accepted for publication in a revised form in Legal Studies [https://www.cambridge.org/core/journals/legal-studies]. This version is free to view and download for private research and study only. Not for re-distribution, re-sale or use in derivative works. © 2025 The Author(s).
Divisions: Schools > School of Social Sciences
Record created by: Laura Borcherds
Date Added: 16 Jul 2025 15:07
Last Modified: 16 Jul 2025 15:07
URI: https://irep.ntu.ac.uk/id/eprint/53963

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