Opvoeding en recht in balans: vooronderstelde kindbeelden in discussies over jeugdstrafrecht

Abstract

Implicitly presupposed conceptions of childhood were reconstructed in Dutch and English scientific publications about the desirability and organisation of a separate criminal law for children and youngsters. Starting from a view of giving meaning as a socially embedded process, we developed a theory, which specifies presupposed conceptions as discursively 'presumed common ground'. Subsequently, we reconstruct three aspects of the presumed common ground in the above-men-tioned discussion: ideas (1) about the mutual relations of educational and juridical perspectives in argumentations about the desirability and organisation of a separate youth criminal law, (2) about the child-interests involved in this issue, and (3) about the nature of the(existing or lacking) competences that are relevant in this context. Though a tendency towards a more juridical approach seems observable in both countries, many discussants still presuppose the primacy of an educational perspective in these matters. However, presuppositions do demonstrate a tension with respect to balancing both perspectives. In addition, discussants attune their argumentations to the presupposition of a prevailing relevance of cognitive moral competencies, as well as a prevailing child interest in structured developmental support.