New York Times’ “Emerging Adults” Article begs Legal Questions

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panel originally from Ellerbisms by Marc Ellerby

Recently, the New York Times Magazine published an article examining the possibility that after adolescence, young people go through another developmental phase. While the Times’ question “What is it about 20-somethings” has been asked by every generation, the current economy has forced a spotlight on the issue, with many wondering whether phenomena like “boomerang kids”, continued dependence on parental purse-strings, and travel for “self discovery”, are normal. Jeffrey Arnett, a psychology professor at Clark University, proposes that while “emerging adulthood” is not accompanied by major hormonal changes like in adolescence, it has its own psychological profile: “identity exploration, instability, self-focus, feeling in-between and [...] ‘a sense of possibilities’.” If emerging adulthood is a key developmental stage—and there’s debate about that—will 20-somethings be recognized as a separate legal class like adolescents?

Over a hundred years ago, societal changes like labor laws and free education led to the recognition of adolescence as a distinct and essential developmental state, and our education, social services, health care and legal systems adjusted to accommodate teenagers’ needs. Whether or not similar protections may be extended to 20-somethings is hard to say, as after adolescence, age-related cohorts are far less homogeneous as a group: some 25-year-olds have careers, others have families, others may live with their parents, and the reasons for each behavior vary. Would some or all 20-somethings qualify for an extension of the legal protections of adolescents? On what criteria would we judge “legal adulthood”? Sociologists traditionally look for 5 milestones (completing school, leaving home, becoming financially independent, marrying, and having a child), but even there, not everyone ever completes all five, or even in that order.

Already our legal system seems undecided on how to distinguish when someone is “adult” enough to handle certain responsibilities: voting and joining the military are legal at 18, but drinking only at 21; a 16-year-old can drive but not rent a car until 25; and while parents cannot access their child’s records once he’s 18, he can put his parents’ income on financial aid applications till he’s 24 and stay on their health insurance till 26. Society demands we must take legal responsibility for our actions at some point, but age may not be the best determiner.

At the same time, perhaps policies are needed to support and protect those 20-somethings most affected by the recession. Our information-based economy demands more education, but few entry-level jobs are available upon exit of expensive schools and universities. 20-somethings have been told their whole lives they can do whatever they want, but are now faced with limited opportunities with which to form the foundation for career, family and home. There’s a real economic threat that today’s 20-somethings may become the new “lost generation“, squeezed out by baby boomers who can’t or won’t retire, and the upcoming crop of young workers with even more education. Thus far, there has been no real legislation on their behalf.

Whether or not “emerging adulthood” is a truly distinct phase of life, whether it should be recognized by psychologists and policymakers, and even whether parents should be worried, are all issues for debate. What’s not debatable, on the other hand, are the existing trends concerning young people and the law. According to the Times:

• “One-third of people in their 20s move to a new residence every year, [and t]hey go through an average of seven jobs in their 20s, more job changes than in any other stretch. Two-thirds spend at least some time living with a romantic partner without being married.”

And yet few of these individuals create rental agreements, know what their employment contracts stipulate, or set out domestic partnership agreements. While the profile of many 20-somethings is that of the self-involved, carefree dreamer, they still have to live by the law, which is, after all, there to protect them. People in their 20s may not feel quite grown up yet and not “adult” enough to deal with legal issues, but in fact many of these common documents are fairly easy to create, even without the help of a lawyer. It’s within their personal power to protect themselves legally, freeing up resources to remain “unsettled” and pursue their passions.

(picture from Forbidden Planet International.)