PHLB05H3 Lecture Notes - Lecture 7: Prior Restraint
Document Summary
Sept. 26th, 2017 strategy: underlying basis of licensing; rational for those programs and if the rational is the same we should license being parents; right to have children. A licensing regime attempts to predict who will be a poor parent (figuring out who is going to be a good parent, that is the point of licensing: 2. Prior restraint: responses, prior restraint" is acceptable with other licenses activities, licensing is not onerous (e. g. , like preventive detention) The big picture: given a consistent application of the law, we should license parents, an objection to parental licensing must show difference between licensing this kind of activity and other licensed activities. Explanation of current approach: belief that parents own" their children, this belief is false and pernicious. Empirical issue: these are questions of face that should be resolved by the social science, *ultimately, it seems like we need more information about what causes abuse, physical or mental incapacity, 2.
