Et kompleksitetsteoretisk perspektiv på børneretten

Bente adolphsen, Peter Brix Vangsgaard

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

This contribution is inspired by the Nordic Children’s Conference (2021),
where a theme was the theoretical basis of child law. The article draws – based
on a recent trend in Nordic legal theory – the outline of what the authors
choose to call a complexity-theoretical basis for child law. Based on this, the
complexity of the legal system can be unfolded in three dimensions – the
dimension of the matter itself, the social dimension, and the time dimension.
Each dimension provides legal scholarship with important concepts and
dividing lines for the purpose of complex description and analysis of applicable
law, including problems and pitfalls.
The last part of the article seeks to illustrate what can be achieved by
unfolding the complexity using the dimensions in question and using some of
the concepts and dividing lines mentioned. The topic chosen as an example for
analysis in this part of the article is ”the staging of the child as an independent
exerciser of rights in the social welfare children’s case”. The analysis shows not only that children’s rights is a double-edged sword, but also how such rights are a double-edged
sword.
Original languageDanish
JournalNordisk socialrättslig tidskrift
Volume34.2022
Pages (from-to)9-32
ISSN2000-6500
Publication statusPublished - 2022

Cite this