The Constitutional Parent

Rights, Responsibilities, and the Enfranchisement of the Child

Nonfiction, Reference & Language, Law, Child Advocacy, Family Law, Constitutional
Cover of the book The Constitutional Parent by Jeffrey Shulman, Yale University Press
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Author: Jeffrey Shulman ISBN: 9780300206746
Publisher: Yale University Press Publication: July 1, 2014
Imprint: Yale University Press Language: English
Author: Jeffrey Shulman
ISBN: 9780300206746
Publisher: Yale University Press
Publication: July 1, 2014
Imprint: Yale University Press
Language: English
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-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
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-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.

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