Total Pageviews

Sunday, April 19, 2015

Call of the Wild

This past week, something that I never thought would happen, actually came to pass: I actually found myself agreeing with a libertarian viewpoint. It surprises me to even write that, but when the State of Maryland and its Child Protection Services intervened to detain two children who were walking home alone, I could not help but feel that there are times when the "less government" crowd is onto something.

Impossible claims aside - and let's face it, I could no more embrace a libertarian worldview than become the next President of USA (or India, for that matter) - I did find myself wondering what was wrong with our government that it devotes its time to grabbing children of the street and threatening to separate them from their parents. Yet, what was even stranger, was the revelation that the officials involved were following the law in their actions - Maryland actually requires that all children under the age of thirteen be accompanied by a guardian. What I did realize, once I'd filtered out all the noise and hyperbole, was that this is a perfect example of what I'd discussed a few blogs ago, that we pass laws with excellent intentions that then become impediments to other equally well-intentioned individuals. In this case, we have a law that was clearly meant to provide protection for children and ensure that the authorities had permission to intervene when they perceived a need. Of course, perception is everything and what the zealous officers of the local police and CPS felt was warranted was viewed quite differently by the parents who were at the receiving end. Hyperbole aside, and I feel quite sure that both parties will exaggerate the aspect that suits their narrative and downplay all else, the fact is that like the blind men conducting a tactile examination of a pachyderm, all are slightly right and also wrong.

Now those who want less government in our lives may immediately point to this case as evidence enough that the government needs to be reigned in and downsized. Sadly, things are never quite so simple. It was not the police in black helicopters who swooped in to seize the children, rather they were summoned by a concerned citizen. I would wager much that the concerned neighbor who saw two small children walking by alone had no idea that it was actually in the law that they should be accompanied but instinctively felt that it was not right and hence summoned the police. He, or she, was driven by the best of intentions and as a quick perusal of any discussion forum will reveal, there are many who share that opinion and would censure a parent for sending their children out alone. There are many though who feel that parents have the right to raise their kids as they see fit and that such laws as allow the State to intervene between parent and child are wholly misplaced and need to be repealed. Life, though is painted in subtle shades of grey, and there is no easy demarcation between the rights of parents and the responsibilities of the State.

Even were it possible to draw a bright line in this particular instance, there are so many more cases that muddy the water. Should children be prevented from touching any alcohol or should parents be allowed to choose when and where their child is exposed to the fruit of the vine? We not only proscribe parents from making this choice, but we threaten them with dire consequences for any infringement. This may be one law that is driven by self-righteous and meddling busybodies, and one that causes far more harm than it prevents but it also enjoys plentiful support. Vaccinations, and the refusal of some parents to allow it, is yet another hot issue, and the State may claim a legitimate interest, while parents may, and do, argue that it is their right to make that decision for their children. Methods of disciplining children is but one more example where the State often intervenes and separates children from parents. The target is abusive parents, but we have yet to find a universally accepted definition of child abuse. While caning or the use of a cat-o'-nine-tails may be generally accepted to be off limits, spanking, slaps and even yelling are still debated with great passion by both sides of the question. There is little doubt in the most egregious of cases, but it is the borderline and debatable cases that usually draw widespread attention, in part because of their ambiguity, and because of the passion they excite by partisans of all political stripes. It is worth noting here, that some of my more militantly atheistic friends claim that indoctrinating children in blind faith is a form of child abuse, an idea with which no religious parent would ever agree, highlighting once more my familiar refrain. One could sift through and find thousands upon thousands of similar examples, and they all show one thing: it is not the over-reach of the State that is the problem, but difficulty in formulating a law that protects the weak and powerless without intruding on the individual's privacy and sovereignty.

In cases such as this, it is worth pausing to reflect that the laws we hate, while sometimes deserving of our approbation, were usually, if not always a result of a public demand. An excellent case in point is the laws on sexual offenders. There are laws that prevent convicted offenders from living anywhere near all sorts of institutions - schools, parks, churches - which were enacted to meet a public desire to be safe from such menaces. Of course, the consequences can be quite devastating for those affected directly and sometimes counter productive; many sex offenders are unable to find accommodation (for who wants a rapist as a neighbor?) and hence logically unable to comply with the terms of their parole. This is but a single extreme case, but there are plenty more like this. The fault is not "the government" for our elected representatives typically act in ways that will win them continued support. And in the words of Lincoln, after all, we have a government of the people and by the people. When it seems that our government is not really acting in the interests of the people, we should take a deep breath and realize that in fact it very likely is expressing the will of the people and it is, we the people who have no clear idea of what we want. We are usually quite clear on how much  the State may encroach upon our lives, but we rarely are in agreement on the proper boundaries for our neighbors.










No comments:

Post a Comment