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- From: lkk@panix.com (Larry Kolodney)
- Subject: Re: Status-based Law is Alive and Well
- Message-ID: <C1HMDI.556@panix.com>
- Keywords: Flesh and Blood
- Organization: The Devil's Advocate
- References: <19604@smoke.brl.mil>
- Date: Wed, 27 Jan 1993 00:51:18 GMT
- Lines: 38
-
- In <19604@smoke.brl.mil> matt@smoke.brl.mil (Matthew Rosenblatt) writes:
-
- >We have seen here in "misc.legal" the argument that Status-based law
- >is a relic of the Middle Ages, on its way out, an anachronism. Well,
- >that's not so in Maryland.
-
- >Just today, Governor William Donald Schaefer proposed to the Maryland
- >General Assembly a bill that would hold parents of minor children
- >liable to pay child support for those children's children. That is,
- >these grandparents would have to support their grandchildren solely
- >because they *were* their grandchildren. That's an obligation based
- >on their Status as flesh-and-blood grandparents of their flesh-and-blood
- >grandchildren, not on any "contract" or "consent," or even upon their
- >having committed any "intentional" or "negligent" tort.
-
- This certainly isn't "status based law" in the sense that legal
- historians understand it.
-
- In the middle ages, virtually all of your rights and duties relative
- to the rest of society were determined by an arbitrary status that was
- imposed on you at birth, or which you acquired through an
- extraordinary event (such as being knighted or entering the
- priesthood). The whole idea of status-based law was that every
- individual had a particular role to play in the grand scheme of
- things, and rights and duties of a person of a particular status were
- defined to make sure s/he played the correct role.
-
- The law you have described is nothing like that. It simply requires
- individuals to pay for social costs which they (in the opinion of the
- legislature) have proximately caused. Parents are already responsible
- in many states for certain torts caused by their minor children. This
- is just an extension of that principle.
-
- --
- larry kolodney:(lkk@panix.com)
- _(*#&)#*&%)@(*^%_!*&%^!)*+!*&$+!?&%+!*&^_)*%)*&^%#+&
- The past is not dead, it's not even past. - Wm. Faulkner
-
-