By Jeffrey Shulman
Shulman’s illuminating account of yank criminal historical past is of greater than educational interest. If once more we deal with parenting as a chosen responsibilityas a sacred belief, now not a sacred rightwe won't all achieve a similar criminal prescriptions, yet we'd be extra keen to contemplate how typical rules of kin legislations can successfully accommodate the evolving pursuits of mum or dad, baby, and state.
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Additional info for The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child
Sample text
As a matter of fact, according to Pound, “[t]he individual interest of parents . . ”51 Pound celebrated the common law’s “feudal” belief that rights arise from and are dependent upon social relations. The same principle has been more recently studied (and, it is fair to say, celebrated) by William Novak, whose study of the well-regulated society presents us with a nineteenth-century America where courts routinely upheld state action against claims of individual rights. This was a jurisprudence “based primarily on the principles and doctrines of the common law,” based, that is, on a “legal worldview 36 Parenting as a Sacred Trust that fostered and legitimated .
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.
79 The realm of intellect and spirit is invaded when children are forced to believe what other people believe, or kept from believing what other people do not believe, even if—and, perhaps, especially when—these others are their parents or educational and religious mentors. ”80 All children are entitled to an education that is, in the fullest sense, public: that transports them beyond familiar boundaries; that provides a check on the narcissism of their guardians, both public and private; that burdens them with the necessity of moral judgment; and that, finally, makes them truly free, free to stand and free to fall.