The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child

26,85 $

Jeffrey Shulman’s “The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child” (Yale University Press, Hardcover) redefines the landscape of family law. Challenging deeply ingrained assumptions, Shulman argues that a fundamental constitutional right to parent doesn’t exist in the U.S. legal framework. Instead, he proposes that parental rights are a state-delegated responsibility, contingent on meeting the child’s developmental needs. This isn’t just academic debate; Shulman’s meticulous examination of American legal history reframes discussions on child welfare, custody disputes, and the evolving balance between parental authority and state oversight. By reframing parenting as a trust, not an immutable right, Shulman provokes a vital conversation about safeguarding children in contemporary society. This essential read for legal scholars, policymakers, and anyone concerned with family dynamics offers a new perspective on the rights and responsibilities within the parent-child relationship. ISBN-13: 9780300191899. Categories: Domestic Relations, Constitutional Law, Child Law.

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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.

Shulmans illuminating account of American legal history is of more than academic interest. If once again we treat parenting as a delegated responsibilityas a sacred trust, not a sacred rightwe 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.

**The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child - A Groundbreaking Examination of Parental Rights in America** Delve into a controversial and timely re-evaluation of parental rights in the United States with Jeffrey Shulman's *The Constitutional Parent: Rights, Responsibilities, and the Enfranchisement of the Child*. This meticulously researched hardcover, published by Yale University Press, challenges the widely accepted notion that the U.S. Constitution guarantees a fundamental right to parent. Shulman, a law professor renowned for his insightful analysis of family law and constitutional issues, meticulously dissects the historical record to present a compelling counter-argument. For generations, legal scholars and the public at large have operated under the assumption that parental rights are deeply entrenched in American legal tradition. Shulman's work compels us to reconsider this assumption, arguing that the historical record paints a different picture. He contends that the state's role in entrusting custody to parents has always been conditional, predicated on the parent's fulfillment of their fiduciary duty to the child's well-being and developmental needs. The book meticulously explores how the law has historically viewed the parent-child relationship not as an inherent right, but as a delegated responsibility, a sacred trust conferred by the state. Shulman's exploration extends beyond mere academic debate. *The Constitutional Parent* encourages a fundamental shift in perspective, urging readers to consider the implications of treating parenting as a delegated responsibility rather than an inalienable right. This shift, Shulman posits, has the potential to revitalize and reshape family law, fostering a more nuanced and effective framework that accommodates the evolving and sometimes competing interests of parents, children, and the state. By re-examining the foundations of parental authority, the book prompts us to reconsider how legal principles can best serve the complex dynamics of the modern family. What does it *really* mean to say parental rights are *not* constitutional? Shulman expertly guides the reader through the legal reasoning involved, and how reconsidering our assumptions could dramatically impact child welfare law. This thought-provoking book is not merely a historical analysis; it is a call to action, urging legal professionals, policymakers, and concerned citizens to engage in a critical dialogue about the future of family law. It provides a fresh lens through which to examine contemporary issues such as child custody disputes, foster care, and parental neglect, offering a framework for developing more equitable and child-centered legal solutions. Shulman encourages us to move beyond simplistic notions of parental entitlement and embrace a more holistic understanding of the state's role in safeguarding the welfare of its most vulnerable citizens: children. The book contains 360 pages and includes detailed notes and index. Its ISBN-13 is 9780300191899. It falls under the categories of Domestic Relations, Parent and Child (Law), Constitutional Law, Children, and Legal Status, Laws. With a Dewey Decimal classification of 346.7301/7. *The Constitutional Parent* is essential reading for anyone seeking a deeper understanding of the legal and ethical complexities surrounding parenthood in America. Prepare to have your assumptions challenged and your perspective transformed by this groundbreaking and meticulously argued work.
Additional information
Authors

Binding

Condition

ISBN-10

0300191898

ISBN-13

9780300191899

Language

Pages

360

Publisher

Year published

Weight

644

Dewey decimal

346.7301/7

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