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Children: Rights and Childhood

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  1. Parental Compromise.Marcus William Hunt - 2022 - Critical Review of International Social and Political Philosophy 25 (2):260-280.
    I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...)
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  • The Epistemic Challenge of Hearing Child’s Voice.Karin Murris - 2013 - Studies in Philosophy and Education 32 (3):245-259.
    Classical conceptual distinctions in philosophy of education assume an individualistic subjectivity and hide the learning that can take place in the space between child and adult. Grounded in two examples from experience I develop the argument that adults often put metaphorical sticks in their ears in their educational encounters with children. Hearers’ prejudices cause them to miss out on knowledge offered by the child, but not heard by the adult. This has to do with how adults view education, knowledge, as (...)
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  • Educational Justice: Liberal ideals, persistent inequality and the constructive uses of critique.Michael S. Merry - 2020 - New York: Palgrave Macmillan.
    There is a loud and persistent drum beat of support for schools, for citizenship, for diversity and inclusion, and increasingly for labor market readiness with very little critical attention to the assumptions underlying these agendas, let alone to their many internal contradictions. Accordingly, in this book I examine the philosophical, motivational, and practical challenges of education theory, policy, and practice in the twenty-first century. As I proceed, I do not neglect the historical, comparative international context so essential to better understanding (...)
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  • Veganism and Children: Physical and Social Well-Being.Marcus William Hunt - 2019 - Journal of Agricultural and Environmental Ethics 32 (2):269-291.
    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, (...)
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  • Developing a new justification for assent.Amanda Sibley, Andrew J. Pollard, Raymond Fitzpatrick & Mark Sheehan - 2016 - BMC Medical Ethics 17 (1):1-9.
    BackgroundCurrent guidelines do not clearly outline when assent should be attained from paediatric research participants, nor do they detail the necessary elements of the assent process. This stems from the fact that the fundamental justification behind the concept of assent is misunderstood. In this paper, we critically assess three widespread ethical arguments used for assent: children’s rights, the best interests of the child, and respect for a child’s developing autonomy. We then outline a newly-developed two-fold justification for the assent process: (...)
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  • Deciding Together? Best Interests and Shared Decision-Making in Paediatric Intensive Care.Giles Birchley - 2014 - Health Care Analysis 22 (3):203-222.
    In the western healthcare, shared decision making has become the orthodox approach to making healthcare choices as a way of promoting patient autonomy. Despite the fact that the autonomy paradigm is poorly suited to paediatric decision making, such an approach is enshrined in English common law. When reaching moral decisions, for instance when it is unclear whether treatment or non-treatment will serve a child’s best interests, shared decision making is particularly questionable because agreement does not ensure moral validity. With reference (...)
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  • What’s love got to do with it? Why a child does not have a right to be loved.Mhairi Cowden - 2012 - Critical Review of International Social and Political Philosophy 15 (3):325-345.
    It is often stated in international and domestic legal documents that children have a right to be loved. Yet there is very little explanation of why this right exists or what it entails. Matthew Liao has recently sought to provide such an explanation by arguing that children have a right to be loved as a human right. I will examine Liao?s explanation and in turn argue that children do not have a right to be loved. The first part of the (...)
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  • Sailing Alone: Teenage Autonomy and Regimes of Childhood.Joel Anderson & Rutger Claassen - 2012 - Law and Philosophy 31 (5):495-522.
    Should society intervene to prevent the risky behavior of precocious teenagers even if it would be impermissible to intervene with adults who engage in the same risky behavior? The problem is well illustrated by the legal case of the 13-year-old Dutch girl Laura Dekker, who set out in 2009 to become the youngest person ever to sail around the world alone, succeeding in January 2012. In this paper we use her case as a point of entry for discussing the fundamental (...)
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  • A Philosophical Examination of Social Justice and Child Poverty.Gottfried Schweiger & Gunter Graf - 2015 - Palgrave-Macmillan.
    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 (...)
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  • Licensing Parents to Protect Our Children?Jurgen De Wispelaere & Daniel Weinstock - 2012 - Ethics and Social Welfare 6 (2):195-205.
    In this paper we re-examine Hugh LaFollette's proposal that the state carefully determine the eligibility and suitability of prospective parents before granting them a ?license to parent?. Assuming a prima facie case for licensing parents grounded in our duty to promote the welfare of the child, we offer several considerations that complicate LaFollette's radical proposal. We suggest that LaFollette can only escape these problems by revising his proposal in a way that renders the license effectively obsolete, a route he implicitly (...)
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  • Not For the Faint of Heart: Assessing the Status Quo on Adoption and Parental Licensing.Carolyn McLeod & Andrew Botterell - 2014 - In Carolyn McLeod & Francoise Baylis, Family Making: Contemporary Ethical Challenges. Oxford, GB: Oxford University Press. pp. 151-167.
    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 (...)
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  • The Routledge Handbook of the Philosophy of Childhood and Children.Anca Gheaus, Gideon Calder & Jurgen de Wispelaere (eds.) - 2018 - New York: Routledge.
    Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...)
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  • Parental Responsibility: A Moving Target.Kristien Hens, Daniela Cutas & Dorothee Horstkötter - 2016 - In Kristien Hens, Daniela Cutas & Dorothee Horstkötter, Parental Responsibility in the Context of Neuroscience and Genetics. Cham: Springer International Publishing.
    Beliefs about the moral status of children have changed significantly in recent decades in the Western world. At the same time, knowledge about likely consequences for children of individual, parental, and societal choices has grown, as has the array of choices that (prospective) parents may have at their disposal. The intersection between these beliefs, this new knowledge, and these new choices has created a minefield of expectations from parents and a seemingly ever-expanding responsibility towards their children. Some of these new (...)
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  • Untangling the mother knot: some thoughts on parents, children and philosophers of education.Judith Suissa - 2006 - Ethics and Education 1 (1):65-77.
    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 (...)
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  • Vaccination Policies: Between Best and Basic Interests of the Child, between Precaution and Proportionality.Roland Pierik - 2020 - Public Health Ethics 13 (2):201-214.
    How should liberal-democratic governments deal with emerging vaccination hesitancy when that leads to the resurgence of diseases that for decades were under control? This article argues that vaccination policies should be justified in terms of a proper weighing of the rights of children to be protected against vaccine-preventable diseases and the rights of parents to raise their children in ways that they see fit. The argument starts from the concept of the ‘best interests of the child involved’. The concept is (...)
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  • Genetic ties: Are they morally binding?Giuliana Fuscaldo - 2006 - Bioethics 20 (2):64–76.
    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 (...)
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  • Does Reproductive Justice Demand Insurance Coverage for IVF? Reflections on the Work of Anne Donchin.Carolyn McLeod - 2017 - International Journal of Feminist Approaches to Bioethics 10 (2):133-143.
    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 (...)
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  • Corrupting the Youth: Should Parents Feed their Children Meat?Daniel Butt - 2021 - Ethical Theory and Moral Practice 24 (4):981-997.
    This article is concerned with choices that parents or guardians make about the food they give to their children. Those with primary responsibility for the care of young children determine the set of foods that their children eat and have a significant impact on children’s subsequent dietary choices, both in later childhood and in adulthood. I argue that parents have a morally significant reason not to feed meat to their children, which stems from their fiduciary responsibility for the child’s moral (...)
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  • Postmenopausal Motherhood Reloaded: Advanced Age and In Vitro Derived Gametes.Daniela Cutas & Anna Smajdor - 2015 - Hypatia 30 (2):386-402.
    In this paper we look at the implications of an emerging technology for the case in favor of, or against, postmenopausal motherhood. Technologies such as in vitro derived gametes have the potential to influence the ways in which reproductive medicine is practiced, and are already bringing new dimensions to debates in this area. We explain what in vitro derived gametes are and how their development may impact on the case of postmenopausal motherhood. We briefly review some of the concerns that (...)
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  • The special goods of childhood: lessons from social constructionism.Johannes Giesinger - 2017 - Ethics and Education 12 (2):201-217.
    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 (...)
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  • Medical interventions for children born with variations in their sex characteristics: what’s the rights approach?John Tobin - 2021 - Monash Bioethics Review 39 (Suppl 1):67-81.
    There have been growing calls within Australia and beyond to defer medical interventions for children born with variations in their sex characteristics. These calls are increasingly grounded in the claim that such interventions when performed on infants and young children are a violation of their human rights. This paper examines the basis for this claim. It also examines the differences between the principles-based approach to medical ethics which has tended to dominant decisions regarding the treatment of children born with variations (...)
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  • Justice for Children: Autonomy Development and the State.Harry Adams - 2008 - State University of New York Press.
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  • Psychopathy: Morally Incapacitated Persons.Heidi Maibom - 2017 - In Thomas Schramme & Steven Edwards, Handbook of the Philosophy of Medicine. Springer. pp. 1109-1129.
    After describing the disorder of psychopathy, I examine the theories and the evidence concerning the psychopaths’ deficient moral capacities. I first examine whether or not psychopaths can pass tests of moral knowledge. Most of the evidence suggests that they can. If there is a lack of moral understanding, then it has to be due to an incapacity that affects not their declarative knowledge of moral norms, but their deeper understanding of them. I then examine two suggestions: it is their deficient (...)
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  • Should childhood immunisation be compulsory?P. Bradley - 1999 - Journal of Medical Ethics 25 (4):330-334.
    Immunisation is offered to all age groups in the UK, but is mainly given to infants and school-age children. Such immunisation is not compulsory, in contrast to other countries, such as the United States. Levels of immunisation are generally very high in the UK, but the rates of immunisation vary with the public perception of the risk of side effects. This article discusses whether compulsory vaccination is acceptable by considering individual cases where parents have failed to give consent or have (...)
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  • Beyond Consent? Paternalism and Pediatric Doping.Mike McNamee - 2009 - Journal of the Philosophy of Sport 36 (2):111-126.
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  • The duty to bring children living in conflict zones to a safe haven.Gottfried Schweiger - 2016 - Journal of Global Ethics 12 (3):380-397.
    In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves are very limited, while their (...)
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  • Autonomy and vulnerability: On just relations between adults and children.Sigal R. Benporath - 2003 - Journal of Philosophy of Education 37 (1):127–145.
    The relationship between adults and children in liberal democracies is based on two flawed assumptions that are widespread: first, that childhood is an impediment, a passing phase of impaired maturity; and second, that children benefit from the proliferation of rights ascribed to them. Social institutions, and particularly the education system, are correspondingly misconstrued. This article focuses on the combined effect of vulnerability and autonomy as they construct contemporary childhood. I conclude that adults' obligations rather than children's rights are the appropriate (...)
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  • Taking Responsibility for Children.Samantha Brennan & Robert Noggle (eds.) - 2007 - Wilfrid Laurier Univ. Press.
    What do we as a society, and as parents in particular, owe to our children? Each chapter in Taking Responsibility for Children offers part of an answer to that question. Although they vary in the approaches they take and the conclusions they draw, each contributor explores some aspect of the moral obligations owed to children by their caregivers. Some focus primarily on the responsibilities of parents, while others focus on the responsibilities of society and government. The essays reflect a mix (...)
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  • Enhancing Children against Unhealthy Behaviors—An Ethical and Policy Assessment of Using a Nicotine Vaccine.O. Lev, B. S. Wilfond & C. M. McBride - 2013 - Public Health Ethics 6 (2):197-206.
    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 (...)
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  • Fiduciary Representation and Deliberative Engagement with Children.Ethan J. Leib & David L. Ponet - 2012 - Journal of Political Philosophy 20 (2):178-201.
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  • Historizing Subjectivity in Childhood Studies.Michael Peters & Viktor Johansson - 2012 - Linguistic and Philosophical Investigations 11:42-61.
    Historizing Subjectivity in Childhood Studies.
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  • School Exclusion: The Will to Punish.Carl Parsons - 2005 - British Journal of Educational Studies 53 (2):187 - 211.
    This paper examines perspectives on student disaffection in education at the levels of culture and policy. It considers the balance between punitive/exclusionary and therapeutic/restorative positions. The paper engages with concepts of retributive punishment (Murray, 2004a; 2004b), social welfare ideologies (Esping-Andersen, 1990) and discourses of social exclusion (Levitas, 1998). The conclusion is that policy choices are made about how disaffected, at risk young people are to be provided for, and these policy choices are not contained simply within an education policy and (...)
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  • What the Right to Eduation Is, and What It Ought to Be : Towards a Social Ontology of Eduction as a Human Right.Christian Norefalk - 2022 - Dissertation, Malmö University
    During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human right thus has a (...)
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  • Why Parent Together?Marcus William Hunt - 2023 - European Journal of Analytic Philosophy 19 (2):1-25.
    The paper offers an account of co-parenthood according to which co-parents are parent and child to one another. The paper begins by reviewing extant theories of the value of being a parent, to see whether the value of co-parenthood is reducible to this. Finding that it is not, I briefly elaborate a theory of parenthood on which parents are those who create persons. Using Aristotle’s four causes as a helpful prism, I outline how parents are the cause of their child, (...)
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  • Best Interests and Pragmatism.Sheelagh McGuinness - 2008 - Health Care Analysis 16 (3):208-218.
    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 (...)
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  • Global justice and childhood: introduction.Johannes Drerup & Gottfried Schweiger - 2019 - Journal of Global Ethics 15 (3):193-201.
    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 (...)
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  • Universalism, embeddedness and domination: an analysis of the Convention on the Rights of the Child.Nico Brando - 2019 - Journal of Global Ethics 15 (3):270-286.
    1. The International Convention on the Rights of Child (CRC) (UNGA 1989) stands as the lighthouse which guides discussions on how to address global justice for children. Consensus exist both in the...
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  • The Nature of Nurture: Poverty, Father Absence and Gender Equality.Alison E. Denham - 2019 - In Nicolás Brando & Gottfried Schweiger, Philosophy and Child Poverty: Reflections on the Ethics and Politics of Poor Children and Their Families. Springer. pp. 163-188.
    Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...)
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  • Children’s Rights and the Parental Authority to Instill a Specific Value System.Jeffrey Morgan - 2006 - Essays in Philosophy 7 (1):49-66.
    Liberals who want to support multiculturalism need to be able to justify the parental authority to instill cultural value systems or worldviews into children. However, such authority may be at odds with liberal demands that citizens be autonomous. This paper argues that parents do not have the legitimate authority to instill in their children a specific value system, contrary to the complex and intriguing arguments of Robert Noggle (2002). Noggle’s argument, which draws heavily on key ideas in Rawls’ theory of (...)
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  • Parental Licensing and Discrimination.Carolyn McLeod & Andrew Botterell - 2018 - In Anca Gheaus, Gideon Calder & Jurgen de Wispelaere, The Routledge Handbook of the Philosophy of Childhood and Children. New York: Routledge. pp. 202-212.
    Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...)
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  • Affective approaches to environmental education: Going beyond the imagined worlds of childhood?Rachel Gurevitz - 2000 - Ethics, Place and Environment 3 (3):253 – 268.
    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 (...)
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  • The question of 'parenting'.Stefan Ramaekers & Judith Suissa - 2011 - Ethics and Education 6 (2):101-108.
    Ethics and Education, Volume 6, Issue 2, Page 101-108, July 2011.
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  • Smoky Rooms and Fuzzy Harms: How Should the Law Respond to Harmful Parental Practices?M. F. Jonas & S. J. Thornley - 2011 - Public Health Ethics 4 (2):129-142.
    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 (...)
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  • A Critical Review of Matthew Clayton: Justice and Legitimacy in Upbringing: Oxford University Press, Oxford, New York, 2006, 214 p., Hardcover, List Price: $74.00, Last Price: $95.68.Jeffrey Morgan - 2009 - Studies in Philosophy and Education 28 (1):79-89.
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  • Introduction: Ethics of Childhood.Gottfried Schweiger - 2023 - The Journal of Ethics 27 (1):1-5.
    This introduction provides a brief overview of the field of childhood ethics. It briefly outlines current debates about children’s autonomy and vulnerability, children’s rights, the relationship between children and parents, and (social and global) justice for children.
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  • Parents' Rights and Educational Provision.Roger Marples - 2013 - Studies in Philosophy and Education 33 (1):23-39.
    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.
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  • Non-coercive promotion of values in civic education for democracy.Allyn Fives - 2013 - Philosophy and Social Criticism 39 (6):577-590.
    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 (...)
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  • Mandatory school uniforms and freedom of expression.Mark C. Vopat - 2010 - Ethics and Education 5 (3):203 - 215.
    On 10 December 2007 the Akron City School Board ? following the precedent set by many school systems across the United States and the world ? instituted a policy of mandatory school uniforms for all students in grades K?8. The measure was met with mixed reviews. While many parents supported the measure, a small group of parents from a selective, arts-focussed, middle school (grades 4?8) objected to the policy. It was their contention that children attending this particular school should be (...)
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  • The Problems with the Future: Educational Futurism and the Figural Child.Adam J. Greteman & Steven K. Wojcikiewicz - 2014 - Journal of Philosophy of Education 48 (4):559-573.
    This article contributes to work on temporality in education. Challenging the future-oriented focus in contemporary education, the authors question how ideas and assumptions regarding the future—centred on the Child—can set narrow boundaries around children in schools. In carrying out this task, we employ the work of Lee Edelman and John Dewey to examine the educational ramifications of the focus on the future, which we call ‘educational futurism’. The argument seeks specifically to explore how educational futurism imposes limits on educational discourse (...)
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  • “Poor Fat Kids”: Social Justice at the Intersection of Obesity and Poverty in Childhood.Gunter Graf & Gottfried Schweiger - 2016 - Dilemata. International Journal of Applied Ethics 21:53-70.
    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 (...)
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