About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

2004 U. Chi. Legal F. 27 (2004)
Allocating Developmental Control among Parent, Child and the State

handle is hein.journals/uchclf2004 and id is 31 raw text is: Allocating Developmental Control Among Parent, Child and the State Emily Buss' We know that children change dramatically between birth and adulthood, and we know they are subject to influence during the course of that development. We know much less, however, about how that development is influenced, let alone what the ideal outcomes of that development might be. This uncertainty counsels humility in allotting developmental control among indi- viduals and institutions, and particularly cautions against cen- tralizing and ossifying that control in the state. There are, how- ever, certain aspects of development that the state is especially qualified to shape. After considering the relative competence of parent, child, and state to influence the various aspects of devel- opment over which they may compete, this Article considers a special form of developmental influence available only to the state. As the single entity with authority to impose its influence on all citizens, the state has the unique ability to facilitate devel- opment by withholding certain forms of state action routinely imposed on adults. If we knew absolutely nothing about the pathways of devel- opmental influence, or had no reason to prefer some developmen- tal outcomes over others, we would be wise to leave the upbring- ing of children entirely to private actors. Such an approach would comport with our commitment to pluralism by allowing one generation to perpetuate its own diversity, and even expand upon it, in the next generation. Such an approach would also be well designed to maximize child-welfare. Those with the greatest direct stake and investment in a child would oversee that child's development.' Moreover, the diversity of experience would pro- t Professor of Law, The University of Chicago Law School. Thanks to Brian Rubens for his excellent research assistance, to Adam Samaha for his insightful comments, and to the Freida and Arnold Shure Research Fund for its financial support. 1 In most cases, private control over child development would mean that one or both biological parents would exercise near-complete control over their children while young and relatively compliant, and decreasing control as their children gained views of their

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most