How do you distinguish between restrictions on our behaviour that are good for us and those that aren’t? The restrictions on our behaviour that are good for us are ones we agree with. And when we agree with them, they are not restrictions on our behaviour anyway.
Every Education Act since 1870 has clearly intended to place upon parents a substantive duty to educate their children. Therefore, if it were ever found that some legal loophole made that duty vacuous or unenforceable, Parliament would rush to plug the loophole.
What I (NOT A LAWYER) would do if we received a visit from a social worker, CPS, education welfare officer or other state official who might be in a position to take my children away against their will.
If I disagree with the substantive theory assumed by your word choice, you can’t expect me to build that substantive theory into my language, because if I were to, I would be being forced to lie or contradict myself every time I use your term.
The standards used to judge legal competence differ when it comes to children. How could the law take children more seriously without disastrous consequences?
In the UK, at least thirty per cent of school leavers (age sixteen) are functionally illiterate. Taking a wider view of schools’ success and failure, I’d say the proportion of children our schools fail is nearer eighty per cent, if you consider how little children learn in schools, and how little love of learning children end up with after eleven years’ schooling.
Parents and teachers do far more to oppress children than the laws do, and could perfectly legally desist from most of this oppression if they so chose. There is no legal requirement upon parents to punish their children for a wide range of perfectly legal activities, yet they choose to anyway. There is no legal requirement upon parents to insist that their children live with them, and yet parents whose children seek other guardians usually invoke their legal right to force the children to return. There is no legal requirement to deny children freedom of association, and yet many parents do deny their children that. There is no legal requirement to assault children, yet, in the name of discipline, many parents do so. There is no legal requirement to deny children access to information in the home, yet many parents go to extreme lengths to do so. There is no legal requirement upon parents to subject unwilling children to extra-curricular activities such as piano lessons and Girl Guides. Indeed, there is no legal requirement for parents to force their children to go to school, yet most do.