The key issue in the entire discussion is simply this: shall the parent or the State be the overseer of the child?

An essential feature of human life is that, for many years, the child is relatively helpless, that his powers of providing for himself mature late. Until these powers are fully developed he cannot act completely for himself as a responsible individual. He must be under tutelage. This tutelage is a complex and difficult task. From an infancy of complete dependence and subjection to adults, the child must grow up gradually to the status of an independent adult. The question is under whose guidance, and virtual “ownership” the child should be: his parents’ or the State’s? There is no third, or middle, ground in this issue. Some party must control, and no one suggests that some individual third party have authority to seize the child and rear it.

It is obvious that the natural state of affairs is for the parents to have charge of the child. The parents are the literal producers of the child, and the child is in the most intimate relationship to them that any people can be to one another. The parents have ties of family affection to the child. The parents are interested in the child as an individual, and are the most likely to be interested and familiar with his requirements and personality. Finally, if one believes at all in a free society, where each one owns himself and his own products, it is obvious that his own child, one of his most precious products, also comes under his charge.

The only logical alternative to parental “ownership” of the child is for the State to seize the infant from the parents and to rear it completely itself. To any believer in freedom this must seem a monstrous step indeed. In the first place, the rights of the parents are completely violated, their own loving product seized from them to be subjected to the will of strangers. In the second place, the rights of the child are violated, for he grows up in subjection to the unloving hands of the State, with little regard for his individual personality. Furthermore — and this is a most important consideration — for each person to be “educated,” to develop his faculties to the fullest, he needs freedom for this development. We have seen above that freedom from violence is essential to the development of a man’s reason and personality. But the State! The State’s very being rests on violence, on compulsion. As a matter of fact, the very feature that distinguishes the State from other individuals and groups is that the State has the only (legal) power to use violence. In contrast to all other individuals and organizations, the State issues decrees which must be obeyed at the risk of suffering prison or the electric chair. The child would have to grow up under the wings of an institution resting on violence and restriction. What sort of peaceful development could take place under such auspices?

Furthermore, it is inevitable that the State would impose uniformity on the teaching of charges. Not only is uniformity more congenial to the bureaucratic temper and easier to enforce; this would be almost inevitable where collectivism has supplanted individualism. With collective State ownership of the children replacing individual ownership and rights, it is clear that the collective principle would be enforced in teaching as well. Above all, what would be taught is the doctrine of obedience to the State itself. For tyranny is not really congenial to the spirit of man, who requires freedom for his full development.

Therefore, techniques of inculcating reverence for despotism and other types of “thought control” are bound to emerge. Instead of spontaneity, diversity, and independent men, there would emerge a race of passive, sheep-like followers of the State. Since they would be only incompletely developed, they would be only half-alive.

It might be said that no one is contemplating such monstrous measures. Even Communist Russia did not go so far as to impose a “communism of children,” even though it did almost everything else to eliminate freedom. The point is, however, that this is the logical goal of the Statists in education. The issue which has been joined in the past and in the present is: shall there be a free society with parental control, or a despotism with State control? We shall see the logical development of the idea of State encroachment and control. America, for example, began, for the most part, with a system of either completely private or with philanthropic schools. Then, in the nineteenth century, the concept of public education changed subtly, until everybody was urged to go to the public school, and private schools were accused of being divisive. Finally, the State imposed compulsory education on the people, either forcing children to go to public schools or else setting up arbitrary standards for private schools. Parental instruction was frowned on. Thus, the State has been warring with parents for control over their children.

Not only has there been a trend toward increased State control, but the effects of this have been worsened by the very system of equality before the law that applies in political life. There has been the growth of a passion for equality in general. The result has been a tendency to regard every child as equal to every other child, as deserving equal treatment, and to impose complete uniformity in the classroom. Formerly, this had tended to be set at the average level of the class; but this being frustrating to the dullest (who, however, must be kept at the same level as the others, in the name of equality and democracy), the teaching tends more and more to be set at the lowest levels.

We shall see that since the State began to control education, its evident tendency has been more and more to act in such a manner as to promote repression and hindrance of education, rather than the true development of the individual. Its tendency has been for compulsion, for enforced equality at the lowest level, for the watering down of the subject and even the abandonment of all formal teaching, for the inculcation of obedience to the State and to the “group,” rather than the development of self-independence, for the deprecation of intellectual subjects. And finally, it is the drive of the State and its minions for power that explains the “modern education” creed of “education of the whole child” and making the school a “slice of life,” where the individual plays, adjusts to the group, etc. The effect of this, as well as all the other measures, is to repress any tendency for the development of reasoning powers and individual independence; to try to usurp in various ways the “educational” function (apart from formal instruction) of the home and friends, and to try to mold the “whole child” in the desired paths. Thus, “modern education” has abandoned the school functions of formal instruction in favor of molding the total personality both to enforce equality of learning at the level of the least educable, and to usurp the general educational role of home and other influences as much as possible. Since no one will accept outright State “communization” of children, even in Communist Russia, it is obvious that State control has to be achieved more silently and subtly.

For anyone who is interested in the dignity of human life, in the progress and development of the individual in a free society, the choice between parental and State control over the children is clear.

Is there, then, to be no State interference whatever in the relations between parent and child? Suppose that the parents aggress upon and mutilate the child? Are we to permit this? If not, where are we to draw the line? The line can be simply drawn. The State can adhere strictly to the function of defending everyone from the aggressive violence of everyone else. This will include children as well as adults, since children are potential adults and future freemen. Simple failure to “educate,” or rather, instruct, is no grounds whatever for interference. The difference between these cases was succinctly put by Herbert Spencer:

No cause for such [state] interposition can be shown until the children’s rights have been violated, and that their rights are not violated by a neglect of their education [actually, instruction]. For … what we call rights are merely arbitrary subdivisions of the general liberty to exercise the faculties; and that only can be called an infringement of rights which actually diminishes this liberty — cuts off a previously existing power to pursue the objects of desire. Now the parent who is careless of a child’s education does not do this. The liberty to exercise faculties is left intact. Omitting instruction in no way takes from a child’s freedom to do whatsoever it wills in the best way it can, and this freedom is all that equity demands. Every aggression, be it remembered — every infraction of rights — is necessarily active; whilst every neglect, carelessness, omission, is as necessarily passive. Consequently, however wrong the non-performance of a parental duty may be … it does not amount to a breach of the law of equal freedom and cannot therefore be taken cognizance of by the state. (1)

Excerpted from Education: Free and Compulsory

(1) Herbert Spencer, Social Statics: The Conditions Essential to Human Happiness Specified, and the First of Them Developed (New York: Robert Schalkenbach Foundation, 1970), p. 294. Or as another writer expressed it, with regard to a parent and other members of the society: “his associates may not compel him to provide for his child, though they may forcibly prevent him from aggressing upon it. They may prevent acts; they may not compel the performance of actions.” Clara Dixon Davidson, “Relations Between Parents and Children,” Liberty, September 3,1892.

Researched and prepared for and published by the Mises Institute ~ June 26, 2017.

FAIR USE NOTICE: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U. S. C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml