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Abstract
In recent years, sociological theorizing as part of the analysis of modernization has paid increasing attention to notions of individualism in relation to marriage and domestic relationships. Carol Smart has analysed some recent developments in family law, especially the Children Act 1989 and the Family Law Act 1996, in the light of these theoretical developments. While welcoming this attempt to analyse developments in family law in the light of developing sociological theory, we believe that Smarts arguments are rooted in a sociological tradition, which, together with other disciplines, has failed to recognize sufficiently the importance of children as social actors and the issues that arise from this, such as the rights of children, both in the context of law and family life. We argue that it is time for sociologists and policy-makers alike to give serious consideration to the implications of the issues in the light of recent developments, which make such recognition essential.