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66 Rich, A, Of Woman Born: Motherhood as Experience and Institution, 1976, New York: WW Norton. As the title of her book suggests, Rich makes a distinction between the institution of motherhood, which, in her view, is oppressive, and the experience, which need not be; O’Brien, M, The Politics of Reproduction, 1981, Boston: Routledge and Kegan Paul. 67 Op cit, Oakley, fn 33, p 22; op cit, Alanen, fn 59, pp 32–34. 13 Feminist Perspectives on Child Law despite the tensions within feminism about the relationships between women and children, there are similarities between the social conditions of women and children which mean that feminism can provide insights into the position of children in society, including in law.

Law and childhood The law does not intervene simply by regulating a pre-existing child but, rather, legal discourse is heavily implicated in the production of the category childhood. 22 Yet the age of majority, currently 18 in the UK, is one of many temporal boundaries found in law. The separate age limits relating to, for example, smoking, drinking alcohol, driving, compulsory schooling, employment, consent to medical treatment and criminal justice sentencing challenge the notion that there is an absolute, temporal, binary distinction 20 Op cit, Jenks, fn 12, p 69.

79 The ideal woman and the types of women that are constructed by legal discourse, however, bear little relation to the lives of women. Whilst the production by discourses, including law, of differently gendered and sexed subjects has been at the centre of much feminist analysis of the law, the gender or sex of the child subject has not received the same scrutiny. Indeed, even in child and family law textbooks which adopt a broad socio-legal approach, rarely, if at all, is there any mention of ‘boys’ or ‘girls’; rather, the gender neutral construction of the child remains unchallenged.

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