Publication details
Evolving position of children and the reflection of their rights in the light of philosophical discourse
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| Year of publication | 2017 |
| Type | Appeared in Conference without Proceedings |
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| Description | Many of the current difficulties with child law connected with efforts to adequate reflection of the evolving position of children within society have its roots in a clash of different discourses of children. The concept of a child in philosophy was reflected especially in the three tendencies. First, from the Roman patria potestas based on the concept of children as inherently evil, unruly and uncivilized. In modern philosophy this concept is found e.g. in works of Thomas Hobbes, who sees here scope for an effect of law and order" on children. This assumes that children are beings with a lack of intellect and morality by their very nature, and that childhood is a time in which children need to be civilized - you need to teach them how to distinguish right from wrong and how to overcome their "basic inborn instincts" through socialization. Hobbes's conception is followed by another tendency of enlightenment philosophy, but this time focused mostly in intellectual development. It has its basis in empirical-moral and epistemological philosophy of John Locke and Immanuel Kant. Children are seen as intellectually deficient and lacking full maturity. However, they are seen as bearing unrealized capabilities which makes them them "adult-to-be" humans called by Locke as "the immanent child." In substantial distinction to the previous two discourses stands the romanticizing concept, which was mainly characterized by the philosopher J. J. Rousseau. His basis was the concept of the child as an innocent, by nature good creation, whose status - childhood - should be a period of happiness and harmony. Using a discourse as an analytical tool, we can see that the acceptance of a specific image of childhood implies also to act according to this focus. Each of these discourses finds its reflection in the practice of contemporary society, often the reflection grounded by law. Especially different philosophical and value bases of various discourses are causing major difficulties in trying to meet or develop rights and welfare of children. The aim of this paper is to clarify the background of each child's discourses, to show their specific reflections in contemporary social structures and to offer a basis for any follow-up discussion on possible changes or to considerations de lege ferrenda. |