In this paper the authors carefully study the problem of liberty as it applies to school choice, and whether there ought to be restricted liberty in the case of homeschooling. They examine three prominent concerns that might be brought against homeschooling, viz., that it aggravates social inequality, worsens societal conflict and works against the best interests of children. To examine the tensions that occur between parental liberty, children’s interests, and state oversight, the authors consider the case of homeschooling in the (...) Dutch context. (shrink)

In this paper we carefully study the problem of liberty as it applies to school choice, and whether there ought to be restricted liberty in the case of homeschooling. We examine three prominent concerns that might be brought against homeschooling, viz., that it aggravates social inequality, worsens societal conflict and works against the best interests of children. To examine the tensions that occur between parental liberty, children's interests, and state oversight, we consider the case of homeschooling in the Dutch context.

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

In this article I will show that ‘best interests’ is a concept that fits nicely with many of the features of pragmatism—Holm and Edgar’s rejection of the principle in favour of pragmatism it will be suggested is misplaced. ‘Best interests’ as a principle may be considered an embodiment of the ideals of pragmatic adjudication. The paper starts by briefly introducing the concept of ‘best interests’ and theories of judicial and legal ‘pragmatism’. This article will examine the role of the rational (...) decision-maker in medical law and argue that this role is limited. The paper concludes by suggesting how we view the relationship between ‘best interests’ and ‘pragmatism’. (shrink)

Legitimate parental interests need to be distinguished from any putative rights parents qua parents may be said to possess. Parents have no right to insulate their children from conceptions of the good at variance with those of their own. Claims to the right to faith schools, private schools, home-schooling or to withdraw a child from any aspect of the curriculum designed to enhance a child’s capacity for autonomous decision-making, are refuted.

That Jehovah's Witnesses cannot refuse life-saving blood transfusions on behalf of their children has acquired the status of virtual “consensus” among bioethicists. However strong the consensus may be on this matter, this article explores whether this view can be plausibly defended on liberal principles by examining it in light of one particularly well worked-out liberal political theory, that of Rawls. It concludes that because of the extremely high priority Rawls attributes to “freedom of conscience,” and the implication from the original (...) position that parents must act paternalistically toward their children as their protectors, Jehovah's Witnesses cannot legitimately be barred from making decisions on behalf of their children, even when the consequences of such decisions are serious and irremediable. (shrink)

Health behaviors such as tobacco use contribute significantly to poor health. It is widely recognized that efforts to prevent poor health outcomes should begin in early childhood. Biomedical enhancements, such as a nicotine vaccine, are now emerging and have potential to be used for primary prevention of common diseases. In anticipation of such enhancements, it is important that we begin to consider the ethical and policy appropriateness of their use with children. The main ethical concerns raised by enhancing children relate (...) to their impact on children’s well-being and autonomy. These concerns are significant, however they do not appear to apply in the case of the nicotine vaccine; indeed the vaccine could even further these goals for children. Nevertheless, concerns about broadly applying this enhancement may be more challenging. The vaccine may be less cost-effective than alternative public efforts to prevent tobacco use, utilizing it could distract from addressing the foundational causes of smoking and it might not be publically acceptable. Empirical research about these concerns is needed to ascertain their likelihood and impact as well as how they could be minimized. This research could help determine whether behavior-related enhancements hold promise for improving children’s health. (shrink)

This paper examines whether or not children’s continued electoral exclusion is morally defensible. Ultimately; there is a deep tension between the egalitarian presuppositions of democracy and our apparent unwillingness to grant children voting rights. Unless a plausible distinction can be found; then; between adults and children that also tracks the underlying reasons for endorsing democracy in the first place; the continued political disenfranchisement of our youngest citizens is shown for what it is: social injustice. e paper begins by exploring some (...) of the conceptual difficulties that childhood creates in relation to democracy. It then assesses the implications of two very different approaches to democracy for children’s voting rights: proceduralism and a child’s supposed right to an open future. (shrink)

Despite the multiplicity of constructions of childhood in various disciplines, the prevalent view is that children are incompetent in the sense of lacking reason, maturity, or independence. In this paper, I first examine how this dominant view is constructed in the fields of philosophy and psychology, highlighting the perspectives of Plato, Aristotle, John Locke, John Stuart Mill, and Jean Piaget. Then, following Jacques Derrida who conceives justice as a source of meaning for deconstruction, I deconstruct several of the dominant constructions (...) and argue that they do not do children justice. To return justice to childhood, I suggest that childhood should be regarded as a self-contained state with distinctive features that are worthy of consideration in their own right rather than as an incomplete state of incompetence relative to adulthood that is considered a complete state of humans, while adulthood should be regarded as a never-ending process of becoming mature that includes rather than excludes childhood. Moreover, I suggest that both the absolute denial of adult rights to children and the naturalization of childhood in developmental psychology as a biologically determined and culturally universal stage of irrationality should be challenged. (shrink)

Although children and parents often feature in philosophical literature on education, the nature of the parent–child relationship remains occluded by the language of rights, duties and entitlements. Likewise, talk of ‘parenting’ in popular literature and culture implies that being a parent is primarily about performing tasks. Drawing on popular literature, moral philosophy and philosophy of education, I make some suggestions towards articulating a richer philosophical conception of this relationship, and outline some of the implications, questions and problems this raises for (...) philosophers of education. (shrink)

When the brothers Hakob, 13, and Hasmik, 14, had lived in Sweden for 5 years, their applications for residence were rejected, and they were to be deported to Armenia (Dagens Nyheter March 8, 2007,...

This article considers how legislators should respond to evidence that identifies a common and widely accepted parental practice as a potential source of harm to children, using domestic exposure to environmental tobacco smoke as a test case. It is claimed that children are parties to the Harm Principle, and that the State has an obligation to protect children from exposure to harm. Parental prerogative is limited by the need to avoid harming children. That said, there is considerable uncertainty about what (...) is harmful to children. Several sources of uncertainty, both empirical and conceptual, are explored, in order to demonstrate the complexity of the task legislators face. Seven considerations that are relevant to decisions about legislation of harmful parental practices are outlined, and these considerations are then employed to assess the case in favour of legislating to prohibit the exposure of children to environmental tobacco smoke in domestic settings. (shrink)

Objective: To examine students’ attitudes and potential behaviour towards informing a 12-year-old patient of her terminal prognosis in a situation in which her parents do not wish her to be told, as they pass through a modern medical curriculum.Design: A cohort study of students entering Glasgow University’s new medical curriculum in October 1996.Methods: Students’ responses obtained before year 1 and at the end of years 1, 3, and 5 to the “childhood leukaemia” vignette of the Ethics in Health Care Survey (...) Instrument were examined quantitatively and qualitatively. Analysis of the students’ multichoice answers enabled measurement of the movement towards professional consensus opinion. An analysis of their written justifications for their answers helped to determine whether their reasoning was consistent with professional consensus and enabled measurement of changes in knowledge content and recognition of the values inherent in the vignette. Themes on the students’ reasoning behind their decision to tell the patient or not were also identified.Results: Unlike other vignettes of the EHCI in which autonomy was a main theme, few students chose the consensus answer before year 1 and there was no significant movement towards consensus at any point during the course. In defence of their decision to withhold information, the students expressed strong paternalistic opinions. The patient’s age was seen as a barrier to respecting her autonomy.Conclusions: It is important to identify students’ perceptions on entry to medical school. Transformative learning theory may provide the basis for an approach to foster doctors who consider the rights of young people. Small-group teaching is most conducive to this approach. The importance of positive role modelling is also emphasised. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue for veganism, (...) this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

If a child’s well-being is at risk of considerable harm within their own family, state institutions usually intervene. In severe cases, the parents’ right to rear is suspended. Cases of risk assessment and potential state intervention are decided within a conflict between parents’ rights and claims of children for protection. There is, we argue, a standard model of normative assessment underlying these decisions: It rests on premises rooted in classic liberal political philosophy, which is prevalent in many Western societies, such (...) as a strong commitment to individualism, a separation of private and public, or a conceptualization of children as lacking the status of full right holders. We proceed in three steps. Based on cases in social work and child welfare offices, firstly, the article proposes an inductive approach to describe the problem. Second, we point out the most critical problems and shortcomings of the standard model. On this basis, third, we develop an alternative, pragmatistic perspective on child welfare and state intervention. It argues that child welfare must be understood more broadly as a societal concern than merely as a matter of the legitimacy of state intervention. A practice-oriented section follows to show what conclusions can be drawn from our alternative model. (shrink)

This paper explores the claims of recent research that suggests that more affective forms of environmental education, drawing upon the contributions of the arts (e.g. creative writing, poetry, art, music and photography), can engage with children's emotions more directly than can approaches based on scientific knowledge. This, in turn, may provide a better route for encouraging individuals to engage in more environmentally sustainable behaviours. The paper challenges some of these claims by considering the ways in which they draw upon socially (...) constructed notions of childhood and nature. The development of environmental education in the UK provides the primary context within which the influence of these social constructions on affective approaches to environmental education is illustrated. These findings suggest that further research and practice are required to develop approaches to environmental education that better reflect a range of children's own environmental experiences. (shrink)

Many philosophers of education emphasise the impossibility to really ‘solve’ philosophical—and with that, educational—problems these days. Philosophers have been trying to give philosophy a new, constructive turn in the face of this insolvability. This paper focuses on irony-based approaches that try to exploit the very uncertainty of philosophical issues to further philosophical understanding. We will first briefly discuss a few highlights of historical uses of irony as a philosophical tool. Then we concentrate on two different interpretations of irony, formulated by (...) Bransen and Rorty, that aim at gaining insight into how we make meaning of the world, while at the same time recognising that such an understanding would be impossible. After discussing some problematic aspects of these interpretations a third interpretation of irony is developed, based on a third view of the nature of meaning-making. Following these three interpretations, we will discuss their philosophical merits and the different kinds of insight they can produce for philosophy of education. (shrink)

Many philosophers of education emphasise the impossibility to really ‘solve’ philosophical—and with that, educational—problems these days. Philosophers have been trying to give philosophy a new, constructive turn in the face of this insolvability. This paper focuses on irony-based approaches that try to exploit the very uncertainty of philosophical issues to further philosophical understanding. We will first briefly discuss a few highlights of historical uses of irony as a philosophical tool. Then we concentrate on two different interpretations of irony, formulated by (...) Bransen and Rorty, that aim at gaining insight into how we make meaning of the world, while at the same time recognising that such an understanding would be impossible. After discussing some problematic aspects of these interpretations a third interpretation of irony is developed, based on a third view of the nature of meaning-making. Following these three interpretations, we will discuss their philosophical merits and the different kinds of insight they can produce for philosophy of education. (shrink)

ABSTRACT The jurisdiction of schools has long been contested. Initially, under the sway of loco parentis, parents delegated all authority to educators. With ascendency of the common school movement in the 19th century, however, the doctrine confronted reverses. As the student body increased in size and heterogeneity, families no longer spoke with a single voice. The courts granted parental requests for a more determinative role in their children’s education, prohibited schools from giving religious instruction, and guaranteed students some civil rights. (...) This curtailment of school authority has been countered in recent years by the emphasis on educating the “whole child” with schools taking on responsibilities, such as character development and mental health, arguably a home preserve. While acknowledging the large overlap between school and home, I argue they have differing agendas and capacities. Schools stress the collective, cultivating “we-ness” and agreed upon norms, whereas homes cultivate privacy, individualism, and particularistic values; schools stress equality while homes stress equity; schools are constrained in their use of discipline whereas homes take more liberties. In urging schools to circumscribe and differentiate their role, I nonetheless recognize the problems of doing so. (shrink)

Students in urban under-resourced schools are often disengaged from the curriculum. Distributing voice to them would seem an obvious counter to their alienation, allowing them to be co-constructors rather than objects of their education. Beyond being pragmatically sound, student agency is, arguably, a psychological and moral imperative. However, what is imperative is not necessarily doable as we illustrate in two student agency high school projects. We analyze the outcomes using four previously identified factors: school context, project scope, personal gratification, and (...) assumption of genuine authority. In conclusion, we raise two issues requiring more reflection and investigation: what is the role of a teacher who is an employee of the school yet wants to help her students protest against injustice? How can agency be developmentally staged so that students become skilled in assuming responsible leadership in their schools? (shrink)

To what extent does the common claim that childhood is ‘socially constructed’ affect the ethical debate on the ‘intrinsic’ and ‘special’ goods of childhood? Philosophers have referred to this kind of goods in their critique of overly adult-centred and future-oriented conceptions of childhood. The view that some goods are child-specific, in the sense that they are only good for children, not for adults, seems to presuppose an understanding of what children ‘are’, and how they differ from adults. However, if the (...) social-constructionist view is accepted, it cannot be assumed that childhood is a given. This essay claims that the social-constructionist understanding of childhood does not undermine the debate on the moral status and the goods of childhood, but that nevertheless important lessons can be drawn from the insight that childhood, as we know it, is not a natural and universal phenomenon. (shrink)

This article will begin by outlining influential attempts by historians and sociologists to develop a more adequate theoretical understanding of past and contemporary childhoods, focusing on the major problems that stem from the pivotal role that ‘developmentalism’ plays in their arguments. I will argue that sociologists can overcome some of their deepest fears about the role of developmental psychology by developing a relational approach that integrates the biological and social aspects of children’s development. In the development of a relational sociology (...) of early childhood we need to make important connections with closely related disciplines, but at the same time draw on and integrate research findings from relevant areas within the social and natural sciences. An alternative perspective drawn from the writings of Norbert Elias will be put forward and illustrated by discussing some of the key concepts that Elias and Vygotsky used to explain the language development of young children. (shrink)

ABSTRACT Does genetic relatedness define who is a mother or father and who incurs obligations towards or entitlements over children? While once the answer to this question may have been obvious, advances in reproductive technologies have complicated our understanding of what makes a parent. In a recent publication Bayne and Kolers argue for a pluralistic account of parenthood on the basis that genetic derivation, gestation, extended custody and sometimes intention to parent are sufficient (but not necessary) grounds for parenthood.1 Bayne (...) and Kolers further suggest that definitions of parenthood are underpinned by the assumption that ‘being causally implicated in the creation of a child is the key basis for being its parent’.2 This paper examines the claim that genetic relatedness is sufficient grounds for parenthood based on a causal connection between genetic parents and their offspring. I argue that parental obligations are about moral responsibility and not causal responsibility because we are not morally accountable for every consequence to which we causally contribute. My account includes the conditions generally held to apply to moral responsibility, i.e. freedom and foreseeability. I argue that parental responsibilities are generated whenever the birth of a child is a reasonably foreseeable consequence of voluntary actions. I consider the implications of this account for third parties involved in reproductive technologies. I argue that under some conditions the obligations generated by freely and foreseeably causing a child to exist can be justifiably transferred to others. (shrink)

Journal of Social Philosophy, Volume 53, Issue 1, Page 113-126, Spring 2022.

This article explores the values that should be promoted in civic education for democracy and also how the promotion of values can be non-coercive. It will be argued that civic education should promote the values of reasonableness, mutual respect and fairness, but also that only public, political reasons count in attempting to justify the content of civic education. It will also be argued that the content of civic education may legitimately be broader than this, including but not restricted to the (...) values of autonomy, integrity, magnanimity, truthfulness and generosity. At the same time, if civic education is seen merely as a means to shape and form future citizens, then the promotion of values in civic education will be a coercive imposition on children and young people. If the promotion of values instead is to be non-coercive it must be defended with reasons that children and young people should be able to accept. (shrink)

This brief introduction frames a guest-edited collection of eleven contributed articles in the Journal of Global Ethics focused on global justice and childhood. On a general level, there is widespread consensus that there is a strong need for improvement in the lives of children around the globe. What global justice demands in this regard, however, has never been fleshed out in detail and there is only a little philosophical literature on this topic. Against this background, five aspects of the question (...) of global justice for children need to be addressed. First, one has to take into account the debate between cosmopolitanism and particularism, as well as the debate as to whether and to what extent individual, collective or institutional actors should be prioritized. Secondly, a theory of global justice for children must explain how the content of global justice for children is founded and justified, and what it comprises. Third, different principles can be used to assess global justice for children. Only two prominent alternatives are mentioned here: egalitarianism and sufficiency. Fourthly, the temporal dimension of global justice is of particular importance for children. Fifthly, an approach focusing on the examination of injustices is equally necessary. (shrink)

Child poverty is one of the biggest challenges of today, harming millions of children. In this book, it is investigated from a philosophical social justice perspective, primarily in the context of modern welfare states. Based on both normative theory (particularly the capability approach) and empirical evidence, the authors identify the injustices of child poverty, showing how it negatively affects the well-being of children as well as their whole life course. But child poverty is not 'given by nature'. It is avoidable (...) and there is certainly the moral duty to alleviate it. Therefore, Graf and Schweiger develop a normative theory of responsibilities, which clarifies the moral role of different agents in the poor child's environment: the family, the state and many others, that have so far been neglected in philosophical theories. They conclude their book by sketching how their theory can be extended to global child poverty and what it means to show equal respect and concern for every child - no matter where and in which context they were born. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In our (...) view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core of a (...) virtue-based justification of rights elaborated in this dissertation. Based on Leif Wenar’s Kind-Desire Theory of rights and Nancy E. Snow’s Minimal Virtue of the Folk, I argue that there are two general types of rights, enabling rights and protective rights, and that both types are essential to the development of virtues. Enabling rights have the function of virtue acquisition because they allow the right-holder to strive for approximation of ideal role models while performing duties and other tasks. Such models are called heuristic models of virtues for they define what virtues are and how these virtues should be expressed in action. Some protective rights, namely promissory rights and the power-right to promise, behave like enabling rights when it comes to their ability to develop virtues. Other protective rights, especially children’s rights, make right-holders more virtuous via protecting their essential needs. The dissertation succeeds in elaborating the virtue-based justification of many rights, hence it suggests that people hold and should have rights because rights make them better people. (shrink)

Historizing Subjectivity in Childhood Studies.

Ethical reflections help us decide what are the best actions to pursue in difficult and controversial situations. Reflections on public policy consider how to alter patterns of individual activity and institutional policies or frameworks for the better. The rising prevalence of childhood and adolescent obesity may pose serious health issues. As such, it is related to ethical and public policy questions including responsibility for health, food production and consumption, patterns of physical activity, the role of the state, and the rights (...) and duties of parenthood. (shrink)

Obesity and poverty in childhood are widely studied phenomena and despite mixed results, some findings are without doubt: they come with various experiences of mental, physical and social harm, have therefore negative effects on the well-being of children, and they intersect in relation with race, class and gender. In this contribution we analyze child obesity and poverty from a philosophical social justice perspective, which has, to a large extent, so far neglected this topic. We show how they compromise social justice (...) and argue that there is an obligation to implement structural changes to assist the affected children and their families. However, we make also clear that such interventions must not happen in accordance to the current neoliberal fitness and health ideology and its related narrow individualism. (shrink)