Under Roman law a father held a legal power called patria potestas, or “total ownership,” of his children. He could sell them, deny them property, or abandon a newborn on a hillside. The child was not a person but property under the law. What a surprise then that the so-called “paternalistic” Apostle Paul upended five centuries of that system in a single verse when he wrote “Fathers do not exasperate your children; instead bring them up in the training and instruction of the Lord” (Ephesians 6:4). Roman law already demanded obedience to the father under pater familias. So Paul’s revolutionary challenge to the system was not to challenge obedience, but rather to tell the man holding absolute power he had a duty to the best interests of the child rather than himself.
Paul’s words to the Ephesians shaped Western family law for two millennia, including modern American case law (see Pierce v. Society of Sisters, 1925; Wisconsin v. Yoder, 1972). But today a different authority has moved into the space between parent and child; not a patriarch but an “aithority” — an algorithm built by the largest technology corporations on earth and dropped into American classrooms through a partnership with the teachers unions. Nobody sent a permission slip home.
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