Moreover, the State cannot inspire the diversity or specificity of cultural identity that a heredity unit gives. The distinct patchwork of childhood experiences can be derived from the family only. For the State to try to take on the entire role of the family is a futile attempt. Distinctions among social, religious, or economic groups within a culture are as prevalent here as anywhere, and I recognise that the Hindu perspective is not monolithic.
Thus this work is limited; this analysis deals primarily with Indian Hinduism, but does not purport to be a definitive statement; rather it is meant to illustrate a dominant mode in the wide and variable range of Hindu principles and belief. Moreover, this discussion has selected traditions and ideologies of the Hindu perspective on childhood, which I believe have scope for a corrective. There are many aspects of the Hindu ideology which are not productive and have been thus left out of the discussion. Therefore, this paper does not seek to argue that a purely or complete Hindu narrative on childhood is best but simply that it offers ways to improve and revise the secular traditions.
In the Hindu narrative of childhood, the welfare principle is reflected in the dominant ideology of the family, which hinges on daya, dakshina, bhiksha, ahimsa, samya-bhava, swadharma and tyaga. The essence of these are self-discipline, self-sacrifice and consideration for others and it 31 B. It is part of growing up for a child to learn to suffer sacrifices as well as to claim benefits and families are based on mutual co- operation and support.
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In the Hindu view, both understandings of duties towards children and the correlative claims of children are understood and articulated in the language of family. Philosophically, the child is primarily seen as an adjunct of the family. The following correctives are proposed as Hindu responses to problems of the secular tradition: 1.
The values that determine the identity of the Hindu child are communal. From the earliest years, the Hindu child learns that the core of any social relationship is the process of caring and mutual involvement.
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What he should be sensitive to, and concerned with, are not the goals of work and productivity that are external to the relationship, but the relationship itself, the unfolding of emotional affinity. The collective view, seeing children within the framework of a group, rather than focussing on their individuality, allows us to see the child as a contribution to progress and in doing this we truly empower the child as an agent of freedom, brotherhood and peace — the global ethics we should all be striving towards.
J, , pg. For a Hindu child, the centrality of family is emphasised. Thus the family plays the role of anchor, guiding and navigating the child through society. The extended family also plays an important role. Hindu tradition organises individuals into a complex and hierarchically ordered but, above all, stable network of relationships.
This social structure emphasises human dependence and vulnerability to feelings of estrangement and helplessness, elaborating the caretaking function of society to protect and provide for the security of its individual members. The formation and maintenance of a household is understood as an important stage in the life cycle of a Hindu and is considered to be the basic foundation for the building of a prosperous society.
The Hindu vision recognises the value of the child through the idea of the child as being closer to the divine, especially in mythological and iconographic traditions. As Trisha Tandon has noted, there is no effort made to segregate children from adults in the family, so they normally witness adults interacting with each other in a variety of moods and tempers.
Rather, the overwhelming evidence from textual sources is that the child in Indian tradition is ideologically considered a valuable and welcome human being to whom the adults are expected to afford their fullest protection, affection and indulgence.
The Constitutional Parent: Rights, Responsibilities, And The Enfranchisement Of The Child
The classical and medieval texts of the tales of Krishna stand out in exposing the unique blending of the human and divine expressed in the Hindu view of life and childhood. These texts combine the innocence and openness, the creative play and generosity, the bravery and charm of children with the warrior strength, mystery, knowledge, intuition and condescension of divinity; herein is expressed the vulnerability and responsibility of children. According to the early texts of the Hindu traditions: the innocence of the child is not manipulated even as the child is allowed to be mischievous and make his own mistakes through his decisions.
Here is expressed the idea of children as miniature adults who take upon themselves the responsibilities of adults. One story, in medieval and classical texts, which demonstrates this is the famous story of Krishna eating dirt. When Yashoda hears of this she commands that he open his mouth and when he does, she sees a vision of the universe — the wind, moon, stars, mountains, islands all elements and creatures within the known world. Thus Yashoda has an experience of liberation through her child, Krishna. This idea is crucial to Hindu notions of the child — that all children possess within them divine qualities and can act as gateways to God.
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Here the proper form of interaction between adults and children is not conceived of in terms of socialisation but interplay, concerning itself with mutual learning. In summary, the child in these Hindu texts continues to possess an important role within the Hindu life cycle and often takes centre stage as the embodiment of divinity and innocence.
It would thus sharply differ from the socialisation model that concentrates solely on the child and his movement towards adulthood, found in Western tradition. The family should be recognised a sovereign, and the State should be hesitant to intervene rather than enthusiastic. The State is not in a position to provide for the child in the same way a family could.
Its ability to protect and provide for the child can never substitute for the family. In India, an interesting method of ensuring the co-existence of the players in this uneasy relationship was employed by the Indian government during the s. The State was defined through the office of the Prime Minister, and the individual holder of the role as Chacha uncle , establishing a relationship with the child.
Thus far from being viewed as a potential challenger to the family as an institution and sequentially the social order, the State now became integrated into the family structure. Through the honorific of Chacha, the State claims a space that is at once, individual and social.
A renewed reliance on parent-child relations rather than State preferences would better serve both the developing personhood of the child and the civil society to which they belong. Support for the Hindu Corrective under other guises Archard sees promise in the familial strategy that emphasises the value to children of sharing a way of life, based around shared values, with their family.
Moreover, Herring has suggested a relational contextualised model of the welfare principle, seeing the welfare principle as unduly individualistic. He suggests that the law should seek to focus on the nature of the relationship between the children and parents, which he calls relationship-based welfare. Thus there is a strong argument that many insights gleaned from the nature of traditional Hindu childhood and society are of vital relevance and importance to the debate on childhood.
Thus the study of Hindu law and tradition has often been neglected. This is due to a combination of declining knowledge of its classical foundations and pressures of modern political correctness, to the effect that studying Hindu law is often seen as regressive. Sadly, Hinduism still exclusively conjures up images of frightful abuses such as sati, dowry murders, caste discrimination, untouchability, and other atrocities in the name of tradition and religion.
Such assumptions deny the capacity of Hindu tradition and culture to act as vehicles of modernisation and tools for social welfare. Yet, the Hindu tradition has defied many modernist death wishes and holds its position as a major religion in the world, massively present in the new millennium. Originalism can be selectively deployed or manipulated to support and legitimize any decision desired by a justice.
Katherine Hunt Federle. The study and practice of juvenile law is inherently interdisciplinary--a successful practitioner must understand not only the legal implications in the field, but also have a solid grounding in child psychology, child development, neuroscience, sociology, criminology, and social work.
The best child-advocates in the law have a firm familiarity with and understanding of the value these other disciplines provide. Children and the Law is a unique coursebook that will revolutionize the way students learn and apply juvenile law. By incorporating the interdisciplinary topics necessary to understand the best practices in child law, author Katherine Federle has carefully selected a vast array of articles, studies, research, cases and statutes that allow students to best understand the law and also help bridge the divide between theory and practice.
Each section in Children and the Law also includes a series of questions, exercises, and problems that encourage students to critically examine legal doctrine and policy in light of available scientific and socio-scientific scholarship. The Law of American State Constitutions. Robert Williams. The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation.
Using specific examples, Professor Williams provides legal analysis of the nature and function of state constitutions by contrast to the federal Constitution, including rights, separation of powers, policy-based provisions, the judicial interpretation issues that arise under state constitutions and the processes for their amendment and revision. Reference is made to history and political theory, but legal analysis is the primary focus. The Law of American State Constitutions provides an important analytical tool that explains the unique character and the range of judicial interpretation of these constitutions, together with the specialized techniques of argument and interpretation surrounding state constitutions.
This is the first book to present a complete picture of the current body of state constitutional law and its judicial interpretation. Daniel A. Irreverent, provocative, and engaging, Desperately Seeking Certainty attacks the current legal vogue for grand unified theories of constitutional interpretation.
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On both the Right and the Left, prominent legal scholars are attempting to build all of constitutional law from a single foundational idea. Dan Farber and Suzanna Sherry find that in the end no single, all-encompassing theory can successfully guide judges or provide definitive or even sensible answers to every constitutional question. Their book brilliantly reveals how problematic foundationalism is and shows how the pragmatic, multifaceted common law methods already used by the Court provide a far better means of reaching sound decisions and controlling judicial discretion than do any of the grand theories.
Ilan Wurman. Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the 'dead hand of the past', suggesting that the Constitution should instead be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living, who benefit from them.
In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue following the death of Justice Antonin Scalia, one of the theory's leading proponents. It should be read by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court. Vitabu Pepe vinavyofanana na hiki.
The Oxford Introductions to U. Law: Family Law. Brian Bix. A book about family law is necessarily a book both about family life and the role law can and should take in regulating family life. Individually and together, these are vast topics. About the Author. Not to be outdone, an Ivy league academic later asserted that adult-child sexual encounters are to be accepted provided the young child consents. It is hard to know where to start. The idea that true Liberty cannot exist unless children have the same legal rights as adults does not come from the wisdom of our ancestors, but from foolish people who wish to vindicate their conscience.
Well, as I understand Liberty—and by that I mean the sacred, inalienable right given by God to every individual human being in equal measure—it is not simply freedom to do as you please without regard to the consequences. Because, interestingly, there is such a thing. The Founders did not define Liberty as freedom from any kind of control. And if you think you are looking at the Golden Rule, it is no accident. This Rule is considered the summation of the Laws of God and Nature.
His whole generation shared that view. Maybe there were individuals here and there who did not agree, but if they wanted to be accepted in society they had to act as if they did.
No government can guarantee that level of Liberty. That is why most men dread it. Children need guidance and training to learn how to exercise self-reliance and self-restraint, otherwise they will lead very unhappy lives and so will everyone around them. The fact that children can become predators at a young age shows how evil this practice is.
I am very unhappy that the subject of child consent has been brought up in a forum that is supposed to be devoted to Liberty, a gift of God that is meant to uplift us, not degrade us. Liberty is not about having sex with whomever you wish whenever you wish, regardles of the consequences. If you want to understand the meaning of the Declaration of Independence, go back and read the Self-Evident Truths again, and this time ask yourself why they said Liberty cannot exist in the absence of morality. She seems to focus on England and Virginia and bases her argument mostly on anecdotes or sui generis kinds of cases that made the Year Books.
Brewer is correct that the idea that the political order should rest on the consent of the governed is closely associated with the English Reformation of the 17th C. But, it is not clear that Brewer recognizes how limited the franchise was in 17th C. Then again, enfranchisement and voting do not seem to be the subject of her book. The Soviet historians had no trouble recognizing Army Council as a revolutionary republican workers and soldiers soviet. All were freely elected by their peers.
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