In Loco Parentis: Alive and Kicking, Dead and Buried, or Rising Phoenix ASHE Annual Meeting Paper.Reportar como inadecuado

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This paper reviews the conflicting literature on "in loco parentis" as applied to college settings. Specifically, attention is focused on three areas: (1) the roots, origins, and early history of the concept; (2) the concept's apparent demise in the 1960s; and (3) its recent comeback as a hot topic. The doctrine of "in loco parentis" is traced to 18th century English common law and beyond, with origins in ancient Roman law and even the Code of Hammurabi. Emerging American colleges adopted the concept. Many of the applications of "in loco parentis" centered on the maintenance of campus order and student discipline and the associated authority of institutions to make and enforce their rules. A movement away from "in loco parentis" occurred in the 1960s, perhaps due to rebellion against authority and difficulty in treating students as children, or perhaps due to American institutions adopting a research university model in which students were free of paternalistic control. Contemporary treatments of the doctrine are grouped into four thematic areas: dead and buried, alive and kicking, resurrecting, and reincarnating. The paper concludes that "in loco parentis" assumes a consensus of values that does not exist today and that the judiciary is attempting to formulate a useful student-institution legal relationship while this relationship itself is still changing. (Contains 31 references.) (JDD)

Descriptors: Court Litigation, Educational Change, Educational History, Educational Trends, Higher Education, In Loco Parentis, Legal Responsibility, Parent School Relationship, Personal Autonomy, School Responsibility, School Role, Student College Relationship, Student School Relationship, Trend Analysis

Autor: Edwards, Alan F., Jr.


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