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HomeschoolingThe History and Philosophy of a Controversial Practice$
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James G. Dwyer and Shawn F. Peters

Print publication date: 2019

Print ISBN-13: 9780226627113

Published to Chicago Scholarship Online: January 2021

DOI: 10.7208/chicago/9780226627397.001.0001

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PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use.date: 18 May 2022

The Regulation Question

The Regulation Question

(p.191) Chapter Seven The Regulation Question

James G. Dwyer

Shawn 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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