The Ambiguous Child — Contemporary Constructions of Children and the Law

Abstract

It is clear from the previous chapter that notions of childhood and morality must be viewed as a social construct linked to time and space. However, it has also been shown that themes of childhood do move, passing through generations and cultures with differing impact and relevance. A feature of this is the extent to which contrasting views of the child can co-exist. This chapter therefore seeks to explore constructions of childhood and morality as presented through the law. The law in this case is English law,¹ which allows further context to be given to the discussions already started (in relation to responses to the murder of James Bulger) and those that follow, as part of the empirical investigation. However, this focused analysis of English law also provides the opportunity to see the extent to which different attitudes towards children and morality exist alongside one another. This shows the extent to which notions of the ‘Ominous’ and ‘Evil’ child, as well as the extreme opposite, the ‘Innocent’ child, all have a perceived place as the law draws on different constructions of the child to fit different circumstances. Such competing views of childhood, brought together in one system, goes some way towards highlighting the uncomfortable ambiguity of the way in which we approach the child, strengthening the case in this book for a more defined foundation for engaging with children. The ongoing search to identify opportunities for agency are not successful here, but this chapter does demonstrate the way in which attitudes and opinions can come to influence policy, reinforcing the significance of societies’ constructions of childhood and morality and the way in which the subsequent representations can impact on children’s lives.