A legal and philosophical perspective on the in loco parentis position of teachers

Abstract

The in loco parentis position of the teacher implies that he/she is regarded as acting in the place of the parent. This principle is embedded in South African common law and in many respects confirmed by statutory law. In the South African legal context, it implies that the teacher is obliged to take care of the physical and mental safety of the pupil and has the right to maintain discipline. It is a legal instrument for bringing about order in the educative duties of teachers. A more philosophical line of reasoning, centring on sphere sovereignty, reveals why jurists tend to compare the duties of teachers with those of parents, but do not equate them with each other or regard these duties as synonymous.