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"In loco parentis" nghĩa là gì?
16 Jul, 2021
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What is interesting is that we assume public schools act in loco parentis; parents give over some of their authority to the schools while their children are there. But in his concurrence (nhất trí), Justice Alito has an interesting little discussion of the legal history of in loco parentis.
This raises a key question regarding (liên quan tới) public schools: How legitimate (hợp pháp) is any action that they take on the grounds that they act in loco parentis if the concept requires that parents voluntarily give them authority?
In an incredibly short majority opinion — one that did not fill even 11 pages — Justice Breyer invoked (dẫn chứng) the in loco parentis doctrine (học thuyết) no fewer than four times. That doctrine holds that when students are in school, educators can be understood as parental stand-ins. Justice Breyer deployed (triển khai) the doctrine in the course of stressing that Ms. Levy did not post her message when she was under the school’s authority. Given that her speech occurred off school grounds during off-school hours, educators did not stand in loco parentis.
Most parents, realistically, have no choice but to send their children to a public school and little ability to influence (ảnh hưởng) what occurs in the school. It is therefore wrong to treat public school officials … as if they were private, nongovernmental actors standing in loco parentis.
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