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The term in loco parentis, Latin for "in the place of a parent", [1] refers to the legal responsibility of a person or organization to take on some of the functions and responsibilities of a parent. Originally derived from English common law , the doctrine is applied in two separate areas of the law.
In the English-speaking world, the right of teachers to discipline children is enshrined in the common-law doctrine in loco parentis (Latin for "in the place of the parent"), which places a legal responsibility on authority-holders to take on the functions of a parent in some instances. [10]
Dixon v. Alabama, 294 F.2d 150 (5th Cir. 1961) was a landmark 1961 U.S. federal court decision that spelled the end of the doctrine that colleges and universities could act in loco parentis to discipline or expel their students. [1] It has been called "the leading case on due process for students in public higher education". [2]
In the English-speaking world, the use of corporal punishment in schools has historically been justified by the common-law doctrine in loco parentis, whereby teachers are considered authority figures granted the same rights as parents to discipline and punish children in their care if they do not adhere to the set rules.
Law in the Republic of Ireland inherited the pre-independence common law and statutes modelled on English law. These included allowance under common law of "physical chastisement" by teachers, and under the Children Act 1908 (8 Edw. 7. c. 67) of "reasonable chastisement" by parents and those in loco parentis.
Parens patriae is Latin for "parent of the nation" (lit., "parent of one's country"). [1] [2] In law, it refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian, or informal caretaker, and to act as the parent of any child, individual or animal who is in need of protection.
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Gott v. Berea College, 161 S.W. 204 (Ky. 1913), [1] was a case heard before the Kentucky Court of Appeals wherein J. S. Gott—a restaurant owner—sued the private institution of Berea College when they issued a new policy in their 1911 student manual that forbid their students from patronizing establishments not owned by the college.
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