The Warren and Burger Courts on State, Parent, and Child Conflict Resolution: a Comparative Analysis and Proposed Methodology

54 Pages Posted: 21 Jul 2012

See all articles by Sharon E. Rush

Sharon E. Rush

University of Florida Levin College of Law

Date Written: March 1, 1985

Abstract

Developing a legal framework for analyzing children's rights is difficult. In part, this difficulty stems from the inherent ambiguity of the term "child." Within this general rubric are individuals whose age, maturity, education, and developmental levels encompass a wide rage. A more important obstacle stems from the conflict between the democratic ideals of individual freedom and the sanctity of the family unit. Whether children can be given certain rights without destroying parental authority over the family is a dilemma. Taking into account these opposing principles, a simplified methodology for analyzing and resolving conflicts among the state, parent, and child is possible.

Keywords: children's rights, juvenile justice, parent, separatist, integrationist

JEL Classification: K00

Suggested Citation

Rush, Sharon E., The Warren and Burger Courts on State, Parent, and Child Conflict Resolution: a Comparative Analysis and Proposed Methodology (March 1, 1985). Hastings Law Journal, Vol. 36, 1984-1985, Available at SSRN: https://ssrn.com/abstract=2113482

Sharon E. Rush (Contact Author)

University of Florida Levin College of Law ( email )

P.O. Box 117625
Gainesville, FL 32611-7625
United States

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