Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, February 28, 2011

Parents as facilitators of choice

Jeffrey Shulman has posted the introduction to his forthcoming book on religious parenting rights and children.  He apparently wants the law to better reflect a parent's duty to prepare the child to choose a life path of their own.  This is not a new theme, but it does not cease to disturb:

If the courts were to apply the principle that children may not be denied exposure to the full measure of intellectual incitement that should be the heart (and soul) of every young person's education, they would more consistently, and correctly, sort out the competing claims of parents and public school officials to make educational choices on behalf of the child. The work of preparing the child to make free and independent choices is entrusted to the parent, and it is a challenging and somber task, for it means allowing children (in fact, it means helping children) to leave their homes and leave behind the ways of their parents. Or, at least, it means giving children the choice to do so. It is little wonder, then, that we would want to transform this sacred trust into a sacred right, a right that effectively allows parents to shield their children from choice and its attendant responsibilities. But the law of parent-child relations protects children from this sort of "protection," ensuring that children receive a truly public education.

Physically and intellectually transporting the child across the boundaries of home and community, a public education can bring its students a much needed respite from the ideological solipsism of the enclosed family. Of course, public education comes at a cost. It disrupts the intramural transmission of values from parent to child. It threatens to dismantle a familiar world by introducing the child to multiple sources of authority - and to the possibility that a choice must be made among them. Indeed, the open world of the public school should challenge the transmission of any closed set of values. Unless children are to live under "a perpetual childhood of prescription," they must be exposed to the dust and heat of the race - intellectually, morally, spiritually. A public education is the engine by which children are exposed to "the great sphere" that is their world and legacy. It is their means of escape from, or free commitment to, the social group in which they were born. It is their best guarantee of an open future.

Just reading these two paragraphs makes me want to pull my kids out of public school.  Did you enjoy "the dust and heat of the race" at kindergarten today, honey?  Is Mrs. Johnson making sure you reject any closed set of values and embrace an open future? 

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/02/parents-as-facilitators-of-choice.html

Vischer, Rob | Permalink

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The theme of compelling parents to ensure that children can make "free and independent choices" is certainly a familiar one. But so is the idea among intellectuals that adopting this sort of hard-edged and uncompromising view will permit courts to "correctly" "sort out" what needs sorting out -- other people's ways of life.