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Unformatted text preview: PARENT, CHILD & STATE OUTLINE (exam # 2534) 1. INTRODUCTION Supermarket Scenario : 6 month old versus a 16 yr old? Children under 1 (babies) are the most vulnerable, and therefore require more intervention. But a 16 year old adds the factor of demeaning them. • One opinion: You should not strike a child in the face out of anger. • What if it was a father and not a mother who hit the child? o Gender Dynamics play a huge part, a lot of people would more quickly intervene if it was a man b/c men are seen as aggressors. OVERVIEW • When is intervention by outsiders permissible, desirable? • This class is about Parent, Child and the State and the TRIANGULATION b/w these 3 parties . o We have this idea that the parent and child are separated from the state . i.e., State not going to tell Parent what shows Kid can watch or clothes he can wear . o Thus there is this ZONE of family privacy . Where do you draw this line? Does this differ when you are dealing w/ race and class? • The line, historically, is drawn lower when it is lower class or race related. • WHAT CONSTITUTES A FAMILY? (THE STATE HAS A LOT TO SAY ABOUT THIS!) o Immigration law is the best example of this. Very strict rules on who falls into the family. o When we talk about family, often the case law is talking about other individuals: E.g., grandparent E.g., psychological parent E.g., step-parent E.g., unmarried mother or father E.g., egg and sperm donors E.g., gestational parent OBSCURING THE IMPORTANCE OF RACE : The Implication of Making Comparisons B/ w Racism & Sexism (Or Other –isms) -- Grillo & Wildman • Analogizer = person that believes that her situation is the same as another’s o The analogy makes the analogizer forget the difference and allows her to stay focused on her own situation w/o grappling w/ the other person’s reality. o BUT analogies are only way to understand each other’s lives . • People w/ little experience in thinking about racism/white supremacy, but who had a hard-won understanding of the allegedly analogous oppression (sexism or some other –ism), assumed that they comprehended the experience of people of color and thus had standing to speak on their behalf . • Henderson It is possible to draw on one’s own similar experiences to understand another. • Unger Analogies deepen our consciousness and permit us to progress in our thinking. o Analogies are an important, perhaps indispensable, tool in individual moral reasoning . 1 • II. Comparing sexism to racism minimizes the impact of racism, rendering it an insignificant phenomenon— one of a laundry list of –isms or oppressions that society must suffer....
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This note was uploaded on 02/12/2008 for the course LAW 7135 taught by Professor Huntington during the Fall '06 term at Colorado.
- Fall '06
- The Land