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The Regulation Question

The Regulation Question

(p.191) Chapter Seven The Regulation Question
James G. DwyerShawn F. Peters
University of Chicago Press

Views about what law should govern homeschooling span the range from absolute prohibition to absolute parental empowerment. We explained in Chapter Four why neither extreme empirical view is plausible. In Chapter Seven we reason toward a conclusion about what legal regime is most appropriate. We suggest, as a starting point for normative analysis of homeschooling, that a child has a right against the state’s forcing him or her to leave home. We then explore to what extent the state must protect childrens' interests while safeguarding their rights.

Keywords:   legal regime, childrens' rights, parental rights, parental freedom

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