Watkins, D. orcid.org/0000-0003-1273-1938, Mills, C. and Wood, C. (2025) A framework for developing children’s legal capability. Legal Studies. ISSN: 0261-3875
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 that 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 ‘decentre’ the law and legal institutions, and instead place the learner at its core.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2025 The Author(s). Except as otherwise noted, this author-accepted version of a journal article published in Legal Studies is made available via the University of Sheffield Research Publications and Copyright Policy under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/ |
Keywords: | legal education; legal capability; children; family law |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Arts and Humanities (Sheffield) > School of Law |
Funding Information: | Funder Grant number EUROPEAN COMMISSION - HORIZON 2020 818457 |
Date Deposited: | 23 Jun 2025 14:16 |
Last Modified: | 01 Oct 2025 15:49 |
Status: | Published online |
Publisher: | Cambridge University Press |
Refereed: | Yes |
Identification Number: | 10.1017/lst.2025.10074 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:228249 |
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Filename: FINAL REVISIONS Children's Legal Capability Framework.pdf
Licence: CC-BY 4.0
Filename: REVISED Figure 1.pdf
Licence: CC-BY 4.0