'Sois Sage' - Responsibility for Childishness in the Law of Civil Wrongs

Abstract

The notion of being 'sage' - good, wise, careful, in line with rules and expectations--is reflected in the picture of the reasonable person in the private law of civil wrongs. 'Fun' is necessarily limited by 'sagesse;' self-fulfilment is necessarily shaped by the obligation not to hurt others. As children explore themselves and their surroundings, gradually becoming aware of others in their lives, they begin to move beyond the realm of 'carefree' and into that of 'caring'. The obligation to care for others is slowly added throughout childhood to one's sense of self.

By combining the images of 'child actor' and 'child of parents,' this discussion situates itself at the intersection of discovery, relationship and responsibility.This chapter thus aims to contribute to an area of law concerned with the relationship between wrongdoer and victim by investigating another relationship: that between young actors and their parents. Through sources, norms and narratives in the private law of civil wrongs (in both civil and common law traditions) and in children's literature, I suggest that the assumptions and rules regarding children's wrongdoing in private law are connected to assumptions and rules regarding children's relationships with the big people in their lives.