Jeffrey Shulman
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780300191899
- eISBN:
- 9780300206746
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300191899.001.0001
- Subject:
- Law, Family Law
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in ...
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It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.Less
It is commonly assumed that parents have long enjoyed a fundamental legal right to control the upbringing of their children, but this reading of the law is sorely incomplete. What is deeply rooted in our legal traditions is the idea that the state entrusts parents with custody of the child, and the concomitant rule that the state does so only as long as parents meet their legal duty to take proper care of the child. This book looks at four related areas of the law: parental custody, state regulation of education, religion and parental rights, and nonparental third party rights. In each it is argued that, historically, the authority of the parent has been treated as a sacred trust, a delegation of state power made on the presumption that it will be employed to promote the eventual enfranchisement of the child; that the emergence of a rights orientation has threatened to uncouple the traditional linkage of rights and responsibilities, subordinating the best interests of the child and the legitimate needs of the state to parental preferences; and that a renewed reliance on the trust model of parentchild relations would better serve both the developing personhood of the child and the civil society to which he or she belongs. In each area of the law, we face the same historical reality: It is the rights orientation that breaks with deeply rooted legal traditions and cultural values, rejecting time-honored trust principles of family law meant to protect both private and public interests.
Michael Donnelly and Murray Straus (eds)
- Published in print:
- 2005
- Published Online:
- October 2013
- ISBN:
- 9780300085471
- eISBN:
- 9780300133806
- Item type:
- book
- Publisher:
- Yale University Press
- DOI:
- 10.12987/yale/9780300085471.001.0001
- Subject:
- Law, Family Law
Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have ...
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Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have banned it, and many child advocates recommend that parents no longer spank or strike their children. This book taps into the expertise of social science scholars and researchers who address issues of corporal punishment, a subject that is now characterized as a key issue in child welfare. The chapters discuss corporal punishment, its use, causes, and consequences, drawing on a wide array of comparative, psychological, and sociological theories. Together, they clarify the analytical issues and lay a strong foundation for future research and interdisciplinary collaboration.Less
Despite being commonplace in American households a generation ago, corporal punishment of children has been subjected to criticism and shifting attitudes in recent years. Many school districts have banned it, and many child advocates recommend that parents no longer spank or strike their children. This book taps into the expertise of social science scholars and researchers who address issues of corporal punishment, a subject that is now characterized as a key issue in child welfare. The chapters discuss corporal punishment, its use, causes, and consequences, drawing on a wide array of comparative, psychological, and sociological theories. Together, they clarify the analytical issues and lay a strong foundation for future research and interdisciplinary collaboration.
