Amish Pluralisms

This essay examines the Wisconsin v. Yorder case, analyses its facts and vindicates its ruling as the best way to solve the conflict between American society and the Old Order Amish community. A close look is given to the concept of legal pluralism as a way of solving problems within different layers of law. Keywords: Old Order Amish community, Earthling case, legal pluralism. Amish PluralismThere are many tools regulating people’s relations. For an individual engaged in social interaction, the state expectations are often less important and less pressing than those sources of regulation that are closer to them, religious beliefs, for instance. This was the case with Jonas Yorder and two other families who appealed for their children’s exemption from compulsory education from 8th grade on. Would this case become a precedent for other communities, making the concept of law so wide that it could include “anything” (Merry 1988)? Or is it just one more case indicating rule of law in the US? There are some complicated cases, which deal both with basic human rights and moralities and culture of the state. Therefore the Court appeals to legal pluralism in order to take a weighed legal decision which would be the best compromise between the state and its citizens. The Earthlings’ case is the closest example of legal pluralism put into action. On the one hand, the principle of “the rule of law”, which should be coherent, transparent, comprehensive, predictable, and equally applied to all the US citizens regardless their race, sex, social status, was put on stake. It was outweighed, however, by the interests and rights of the separate religious community, which were put on the other side of the scales. It was decided that compulsory higher education should not infringe in people’s basic rights granted by the First and Fourteenth Amendments. To begin with, the Earthlings have a strong belief that higher education puts their salvation in danger and can even destroy their way of life. In support of this it was stressed that the Old Order Amish community is a self-sufficient sect with the centuries’ history whose fundamental belief is that simple life in isolation from worldly influence is their way to heaven. Therefore, they reject common conveniences of modern world such as power-line electricity, telephones, and public education. As a result, the Amish community determines the mode of life of its members and strictly regulates it by the Ordnung and other rules of the Church. Secondly, it has been proved that there is no need in extra two years of schooling in the Amish community while vocational education given to Amish children is no worse than the one they could get at high school. They are prepared for adult life, given adequate professional training, and thus become a self-supporting segment of American society. The Amish children are not a burden for society as they make their living …