This fall, the Maritain Institute is pleased once again to sponsor a discussion group, the “Cercle d'études.” This title is meant to evoke a long-running discussion group hosted by the great 20th century Catholic thinkers Jacques and Raissa Maritain, devoted to open-ended explorations of vital philosophical, theological, and social issues. In that spirit, this discussion group will offer students a weekly opportunity to engage one another and faculty speakers on specific questions of deep interest.
Register for the course (PHIL 33799) or just drop by to join the discussion! Snacks provided. Please reach out to Beth Muench with any questions: espesia@nd.edu.
Speaker: Prof. Melissa Moschella (Philosophy)
"To Whom Do Children Belong? Examining the Foundations, Scope, and Limits of Parental Rights"
Abstract: Do parents have the right to send their children to private or religious schools that align with their values? Would it be a violation of parental rights for the state to require all children to attend public (i.e. government-run) schools, as Oregon attempted to do in the 1920s? The US Supreme Court answered yes to these questions in the famous 1925 case, Pierce v. Society of Sisters, arguing that the constitution protects the rights of parents to direct their children's education and upbringing. But why do parents - rather than the state - have primary responsibility for and authority over their children's upbringing and education? What are the limits of parental authority and rights? And what is the proper role of the state in this arena? We will discuss these difficult and timely questions both in the abstract and in relation to some real-life cases, including Wisconsin v. Yoder (a case in which Amish parents sought to exempt their children from the compulsory education requirement after the 8th grade so that they could educate their children at home in the Amish way of life), and Mahmoud v.Taylor (a recent case in which Maryland parents sought the right to opt their kindergarten and elementary school children out of lessons involving story books that promoted LGBTQ lifestyles).
