The Constitutional Parent: Rights, Responsibilities, and the by Jeffrey Shulman

The Constitutional Parent: Rights, Responsibilities, and the by Jeffrey Shulman

By Jeffrey Shulman

In this daring and well timed paintings, legislations professor Jeffrey Shulman argues that the us structure doesn't shield a primary correct to mum or dad. in keeping with a rigorous reconsideration of the historic checklist, Shulman demanding situations the suggestion, held via teachers and most people alike, that parental rights have a long-standing criminal pedigree. What is deeply rooted in our felony culture and social sense of right and wrong, Shulman demonstrates, is the concept the nation entrusts mom and dad with custody of the kid, and it does so purely so long as mom and dad meet their fiduciary accountability to serve the developmental wishes of the child.
 
Shulman’s illuminating account of yankee felony heritage is of greater than educational interest.  If once more we deal with parenting as a designated responsibility—as a sacred belief, no longer a sacred right—we won't all succeed in an analogous criminal prescriptions, yet we'd be extra prepared to contemplate how favourite rules of kin legislation can successfully accommodate the evolving pursuits of father or mother, baby, and state.

Show description

Read or Download The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child PDF

Similar constitutional law books

The Migration of Constitutional Ideas

The migration of constitutional rules throughout jurisdictions is among the significant good points of latest constitutional perform. The expanding use of comparative jurisprudence in studying constitutions is one instance of this. during this 2007 booklet, top figures within the research of comparative constitutionalism and comparative constitutional politics from North the United States, Europe and Australia talk about the dynamic approaches wherein constitutional structures effect one another.

Interstate Economic Relations

A entire examine the industrial kin between states, and the way they could be greater optimized. during this groundbreaking quantity, Joseph F. Zimmerman examines interstate fiscal family members. He explores the heritage of congressional and judicial floor principles governing such kin, direct and oblique interstate exchange obstacles and technique of their removing, and interstate festival for tax sales, enterprise organisations, activities franchises, travelers, and gamblers.

Ordered Liberty: Rights, Responsibilities, and Virtues

Many have argued lately that the U. S. constitutional process exalts person rights over obligations, virtues, and the typical sturdy. Answering the costs opposed to liberal theories of rights, James Fleming and Linda McClain strengthen and shield a civic liberalism that takes duties and virtues—as good as rights—seriously.

Privacy and the American Constitution: New Rights Through Interpretation of an Old Text

This e-book explains a paradox in American constitutional legislation: how a correct no longer mentioned throughout the ratification debates at Philadelphia and never pointed out within the textual content has turn into a middle part of smooth freedom. really, privateness is a constitutional afterthought that has received strength via sleek interpretations of an previous textual content.

Additional resources for The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child

Example text

Locke’s real interest lies well beyond the distinction between paternal and parental power. His business is more radical, though distinguishing the power of the father from the power of the parent would be consequential enough. It is to demonstrate the difference between parental power and parental right. 4 In Locke’s view, the fact that the mother enjoys an equal share in parental authority is evidence that such power is not absolute. The power of parents bears the name of “Absolute Dominion, and Regal Authority” because we forget that that power is not wholly appropriated to the father.

81 41 Parenting as a Sacred Trust This mélange of educational theory and Protestant moral injunction would raise questions of freedom and authority that were both personal and political. ”82 Gordon Wood likewise points to the popular didactic literature of the era as attesting to the metamorphosis of the “true” parent from biological progenitor to moral preceptor: “Being a parent was no longer simply a biological fact; it was also a cultural responsibility. . [A] child’s true parents were not his blood relatives, but those moral preceptors [like Fénelon’s Mentor] who shaped his mind and raised him to become a reasoning moral adult in a corrupt and complex world.

No doubt suspect to a modern temperament, reflecting as they do historical prejudices about class, race, and ethnicity,34 apprenticeship laws also express a genuine concern for children who were perceived to be disadvantaged. The well-being of children, however understood or misunderstood, was a matter of deep public interest, linked closely to the welfare of the state. 35 Because it derives from the duty entrusted to him, the power of the parent is only as great as is needed to secure the child’s welfare.

Download PDF sample

Rated 4.54 of 5 – based on 17 votes
Comments are closed.