While you live in my house, you’ll follow my rules!
I won’t let you choose another place to live, even if the people who own it are willing. My house, my rules!
I’ll strictly control what skills you develop and resources you amass that are relevant to being able to live on your own. My house, my rules!
I’ll deny permissions legally required to get a license or a job that I don’t want you to get. My house, my rules!
If you manage to get out of the house anyway, I’ll call on the government to force you to come back. My house, my rules!
I was thinking about this idea while reading Wisconsin v. Yoder, and specifically William Douglas’ dissent. Yoder is a classic free exercise case: it concerned a law mandating education (public or private) through high school, pitting the interest of the state in seeing to it that its citizens were educated against the right of Amish parents to not violate their traditions and beliefs. The Supreme Court sided with the Amish.
Justice Douglas’ dissent centered on the argument that there were three parties whose interests in this dispute were relevant, not two. Basically, “has anyone thought to ask the kids what they think?”
To be specific, there’s one party whose interests in this dispute are relevant. Both of the other interests are basically bullshit.
OTOH, the party whose interests are most relevant is also typically significantly cognitively impaired, has atypically high time preference, is not legally permitted to have a job and financially support themself, and so on.
Yes, that’s true, and that’s why someone else usually has to try to take care of their interests, but that doesn’t mean the caretakers’ interests are in any way valid; only their attempt to faithfully act in accordance of the only relevant party’s interests is.
The state can go [do something it can’t actually do because it doesn’t have anatomy] with its interests about its citizens; the child’s interests to be educated or not are what matter.
And the parents can go [do something they are probably religiously prohibited from doing] with their tradition; their ability to (possibly, depending on the circumstances; oftentimes they do, sometimes they don’t, and that’s why shit’s hard) know their child’s interests better than the state is the thing that matters.
(via ilzolende)
1 week ago · tagged #youth rights · 151 notes · source: shlevy · .permalink
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raginrayguns said: Finally read this post after seeing only the top line a while ago. I’d assumed it was going to be venting about your mother in law leaving the sponge in the sink, and got progressively more confused as I read
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socialjusticemunchkin reblogged this from shlevy and added:I mean “it resembles” in the way that it seems to have something similar; not that it’s actually that much about the...
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shlevy reblogged this from socialjusticemunchkin and added:… I mean if you’re going to go with negative vs positive rights at all then you’ve basically abolished the entire...
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metagorgon said: this is about the caretaker’s interests in the child’s decision, not the caretaker’s own interests.
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