The Constitutional Parent - Jeffrey Shulman

The Constitutional Parent

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Autor: Jeffrey Shulman

Wydawnictwo: Yale University Press
ISBN: 9780300191899
EAN:
Format: ...
Oprawa: twarda
Stron: 224
Data wydania: 2014-09-01
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In this bold and timely work, law professor Jeffrey Shulman argues that the United States Constitution does not protect a fundamental right to parent. Based on a rigorous reconsideration of the historical record, Shulman challenges the notion, held by academics and the general public alike, that parental rights have a long-standing legal pedigree. What is deeply rooted in our legal tradition and social conscience, Shulman demonstrates, is the idea that the state entrusts parents with custody of the child, and it does so only as long as parents meet their fiduciary duty to serve the developmental needs of the child. Shulman's illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibility - as a sacred trust, not a sacred right - we will not all reach the same legal prescriptions, but we might be more willing to consider how time-honoured principles of family law can effectively accommodate the evolving interests of parent, child and state. ""The Constitutional Parent" combines rich historical and normative analysis in novel ways to mount a compelling critique of prevailing assumptions about parental entitlement to control children's lives. It is a fascinating read."--James Dwyer, author of "The Relationship Rights of Children"

Książka "The Constitutional Parent"
Jeffrey Shulman