No mere creature of the state : American jurisprudence on the right of parents to direct their children’s education.
| dc.contributor.advisor | Nichols, David K. | |
| dc.creator | Griffith, Joseph Kenneth, 1991- | |
| dc.creator.orcid | 0000-0003-4619-3672 | |
| dc.date.accessioned | 2019-12-04T14:21:39Z | |
| dc.date.available | 2019-12-04T14:21:39Z | |
| dc.date.created | 2019-08 | |
| dc.date.issued | 2019-07-09 | |
| dc.date.submitted | August 2019 | |
| dc.date.updated | 2019-12-04T14:21:39Z | |
| dc.description.abstract | This dissertation examines the American judiciary’s many attempts to adjudicate disputes between parents and the state concerning the education of children. I argue that by following the common-law tradition courts have been able—and can continue—to hold the middle ground between state and parental absolutism: common law instructs courts to begin with a general presumption that parents generally have affectionate and knowledgeable care for their children and then to judge the particular, competing interests of parents and the state in a way that does the least damage to each. This broad tradition—found in the writings of common-law jurists in England and America; articulated in state supreme court decisions in the mid-nineteenth and early twentieth century; and reinforced by the Supreme Court throughout the twentieth century (including in Meyer v. Nebraska, Pierce v. Society of Sisters, and Wisconsin v. Yoder)—can help guide America’s jurisprudence today. | |
| dc.format.mimetype | application/pdf | |
| dc.identifier.uri | https://hdl.handle.net/2104/10739 | |
| dc.language.iso | en | |
| dc.rights.accessrights | No access - Contact librarywebmaster@baylor.edu | |
| dc.subject | Constitutional law. Parental rights. American political thought. | |
| dc.title | No mere creature of the state : American jurisprudence on the right of parents to direct their children’s education. | |
| dc.type | Thesis | |
| dc.type.material | text | |
| local.embargo.lift | 2024-08-01 | |
| local.embargo.terms | 2024-08-01 | |
| thesis.degree.department | Baylor University. Dept. of Political Science. | |
| thesis.degree.grantor | Baylor University | |
| thesis.degree.level | Doctoral | |
| thesis.degree.name | Ph.D. |
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