@Thomas,
OmSigDAVID wrote:Well, a kid 's body does not belong to his parents; his body is HIS.
Thomas wrote:But as long as parents are legal guardians and children are legal wards, parents have a duty to protect the body of their child---even against him- or herself if necessary. Whether Mo's body needs protection against a piercing is an open question for this thread. But that Boomerang and Mr. B have a legal and moral right to protect if they think so is clear. They just do.
Indeed, this is clear even by your own principles as a constitutional originalist. Since you raised my curiosity, I consulted Blackstone's 1765
Commentaries on the Laws of England, whose concept of individual rights the US Bill of Rights enshrines. Blackstone has a chapter on the relationship
Of Guardian and Ward. There is also
an 1803 American constitutional commentary by a jurist named Tucker. He describes in detail where America's new constitution leaves the laws of England, as described by Blackstone. As it turns out, the guardian--ward relationship is not affected fundamentally. It is only implemented in American rather than English legislation. Blackstone still applied to this topic after 1787 and 1791.
Blackstone's framework, for whatever it's worth today, has no problem with parents prohibiting piercings: "Infants have various privileges, and various disabilities: but their very disabilities are privileges; in order to secure them from hurting themselves by their own improvident acts." This protection falls under Boomerang's and Mr. B's duty as "guardians for nurture" to take care of Mo's "maintenance and education". Their role as guardians for nurture would end when Mo turns 14, which in the case of body piercings strikes me as a reasonable age.
What I'm trying to say with all this is the following: Even by your natural-liberties principles as a constitutional originalist, this case is not a slam dunk against Mr. B and his concerns. You cannot dismiss his position simply by appealing to generalities of political philosophy. You do have to discuss the concrete merits of his view.
I did not intend to appear dismissive.
I acknowledge your efforts
and I agree that the results of your research are in keeping
with the American and English zeitgeist of the 17OOs.
So was slavery. If a slaver had wanted to inflict piercing
or tatoos upon his property, this 'd have been in accordance
with the spirit of the times and reflected in its jurisprudence.
However, I must admit to some ambivalence, some inconsistecy
and some hypocrisy in this matter on my own behalf.
My thawts return to some incidents in the 1990s
of which I have posted, in which parents and their children
all importuned me to serve as their babysitter, while
the parents were at work. At 3 different times I erred
by my remaining silent, when I shoud have executed
a prohibition. There were no actual untoward results,
no
blood nor broken bones, but in retrospect, I saw
that my inaction exposed the boys to danger.
Indeed, one of the boys (somewhere around 1O
or 12 years old)
reprimanded me for my libertarian
attitude toward his safety; his exact words were:
"You 're the adult!"
I apologized to them (for whatever that is worth).
Accordingly, were I in such a similar situation again,
I 'd be less libertarian and be more safety-oriented.
Indeed, if I were the legal guardian,
despite and
regardless of my hereinabove quoted dictum,
I 'd do what I coud to restrain him from becoming
mutilated. Call me a
hypocrit.
David