The Constitutional Parent: Rights, Responsibilities, And The Enfranchisement Of The Child

Hardcover | June 23, 2014

byJeffrey Shulman

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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-honored principles of family law can effectively accommodate the evolving interests of parent, child, and state.

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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 leg...

Jeffrey Shulman teaches constitutional family law and legal writing at Georgetown Law. He lives in Frederick, MD.

other books by Jeffrey Shulman

Format:HardcoverDimensions:360 pages, 9.25 × 6.13 × 1 inPublished:June 23, 2014Publisher:Yale University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0300191898

ISBN - 13:9780300191899

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"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