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The Constitutional ParentRights, Responsibilities, and the Enfranchisement of the Child$
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Jeffrey Shulman

Print publication date: 2014

Print ISBN-13: 9780300191899

Published to Yale Scholarship Online: January 2015

DOI: 10.12987/yale/9780300191899.001.0001

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Toward Constitutional Parenthood

Toward Constitutional Parenthood

Chapter:
(p.136) Four Toward Constitutional Parenthood
Source:
The Constitutional Parent
Author(s):

Jeffrey Shulman

Publisher:
Yale University Press
DOI:10.12987/yale/9780300191899.003.0004

To say that a parental rights orientation is not deeply rooted in our traditions is not to declare that a particular policy decision is right or wrong. It is simply to say that it is a question of policy whether and how the state should regulate parentchild relations. If we understand that, as a descriptive matter, the right to parent is at odds with a tradition of shared responsibility for the welfare of the child, we might be more willing to consider how old equitable principles can lead to new ways of accommodating the interests of parent, child, and state. By giving parents the right to bring up their children as they see fit, we forestall debate on such contentious questions as educational regulation, religious mentoring, and thirdparty visitation. We ought not to take these questions out of the public domain by keeping the home under constitutional lock and key.

Keywords:   child welfare, equitable principles, educational regulation, religious mentoring, thirdparty visitation

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