Jump to ContentJump to Main Navigation
The Constitutional ParentRights, Responsibilities, and the Enfranchisement of the Child$
Users without a subscription are not able to see the full content.

Jeffrey Shulman

Print publication date: 2014

Print ISBN-13: 9780300191899

Published to Yale Scholarship Online: January 2015

DOI: 10.12987/yale/9780300191899.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in YSO for personal use.date: 16 May 2022

Sacred Trust or Sacred Right?

Sacred Trust or Sacred Right?

(p.1) One Sacred Trust or Sacred Right?
The Constitutional Parent

Jeffrey Shulman

Yale University Press

The law of parentchild relations has long embodied a belief that education (a “leading away from”) is the path away from childhood and toward intellectual and moral enfranchisement. Unless children are to live under “a perpetual childhood of prescription,” unless we are to deny them the pursuit of happiness, they must be exposed to the dust and heat of the race—intellectually, morally, spiritually. It is no wonder then that we would want to transform the sacred trust of parenthood into a sacred right. But our legal traditions teach that parenthood is first and foremost not a sacred right but a sacred responsibility, a fiduciary duty owed equally to the child and the state. The Constitution's guarantee of personal freedoms is meaningful only if we, as parents, accept the responsibilities from which parental authority arises, and the constitutional strength of parenting privileges should depend on our willingness to do so.

Keywords:   parentchild relations, parenthood as trust, parenthood as right, Constitution, enfranchisement of the child

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.