Adolescents present a puzzle. There are foundational unclarities about how they should be regarded as decision-makers. Although superficially adolescents may appear to have mature decisional capacity, their decision-making is in many ways unlike that of adults. Despite this seemingly obvious fact, a concern for the claims of autonomy has led to the development of the legal doctrine of the mature minor. This legal construct considers adolescents, as far as possible, as equivalent to adults for the purpose of medical decision-making. The (...) movement to support independent decision-making by adolescents through providing information to them and securing their consent apart from their parents is encouraged by those legal understandings that hold that unemancipated minors should generally be considered as possessing effective decisional capacity. Such legal structures, however, do not adequately take account of the wide variations in adolescent capacities, the immaturity of most adolescent decision-makers, or the important contributions made by parents to the development of their adolescents through parental partnering in the adolescent’s decision-making. The data available indicate that in general adolescents should be regarded as apprentice decision-makers who should make decisions in collaboration with their parents until at least the age of 18. Steps should not be taken pre-emptively to isolate adolescents from the guidance of their parents. As a general rule, what Piker has referred to as “collaborative paternalism” appears most likely both to protect adolescents from their own untoward choices, while also very importantly helping them with parental guidance to develop into mature decision-makers with the capacity to make medical choices on their own. (shrink)

The ensting literature on filial morality has an important gap. It explores responsibilities adult children have toward their elderly parents, and ignores questions about responsibilities of dependent children. Filling this gap involves specifying what competent and morally decent social parents can kgitimately expect from children. I argue that it is appropriate to expect and encourage young dependent children to demonstrate cooperation, mutuality, and trust, along with gratitude and reciprocity of value.

Ethics and Education, Volume 6, Issue 2, Page 101-108, July 2011.

For many, it is far from clear where the prerogatives of parents to educate as they deem appropriate end and the interests of their children, immediate or future, begin. In this article I consider the educational interests of children and argue that children have an interest in their own well-being. Following this, I will examine the interests of parents and consider where the limits of paternalism lie. Finally, I will consider the state's interest in the education of children and discuss (...) a familiar view that argues that we have a central obligation to cultivate good citizens. The article will focus on the tensions which inevitably arise from the sometimes conflicting interests between them. (shrink)

This thesis is a contribution to the ethical justification for clinical research with children. A research subject’s participation in a trial is usually justified, in part, by informed consent. Informed consent helps to uphold the moral principle of respect for persons. But children’s limited ability to make informed choices gives rise to a problem. It is unclear what, if anything, justifies their participation in research. Some research ethicists propose to resolve this problem by appealing to social utility, proxy consent, arguments (...) explaining why it is permissible to expose children to some harm, and an argument concerning the appropriate balance between research harms and benefits. I argue that each of these is a necessary part of the justification for research with children, but that the argument concerning harms and benefits is under-developed. It relies on the concept of minimal risk, but minimal risk is inadequately justified. I propose an interpretation of minimal risk. I defend the idea that minimal risk should be interpreted according to the risks of daily life. I reject the most prominent defense of daily life, which claims that daily risks are morally relevant because they replace, rather than add to, the risks a child would ordinarily face. Instead, I propose that these risks are part of a reasonable trade-off between personal safety and our ability to pursue meaningful lives. I then examine whose daily life should be captured in the concept of minimal risk. I reject arguments that minimal risk should refer to healthy children or the subjects of the research and propose instead that the referent should be children who are not unduly burdened by their lives. I argue that children are not unduly burdened when they fare well and defend the idea that children fare well when they possess sufficiently high degrees of the substantive goods of childhood. I conclude by analyzing a controversial case study using my interpretation of minimal risk. I draw on this case to argue that my interpretation offers clear guidance for research ethics review and contributes to a determination that is more plausible than its rivals. (shrink)

The nature of the special obligation that a child has towards her parent(s) is widely discussed in Confucianism. It has also received considerable discussion by analytic commentators. This essay compares and contrasts the accounts of filial obligation found in the two philosophical traditions. The analytic writers mentioned above have explored filial obligations by relating them to other special obligations, such as obligations of debt, friendship, or gratitude. I examine these accounts and try to uncover the implicit assumptions therein about the (...) scope and nature of such filial obligations. I then similarly examine Confucian filial obligations (CFOs) by relating them to these other special obligations of debt, gratitude, and so on. My findings are used to highlight crucial differences in the scope and conception of filial obligations in these two traditions. (shrink)

ABSTRACTIn this article, I shall briefly examine the basic characteristics of Confucian familial morality, especially of the concept of filial piety, and argue that ancient Confucians tend to be conservative on allowing breach of filial obligations although they may not entirely exclude particular considerations to exceptional situations to a certain degree. I shall then argue that this conservative aspect of the Confucian idea of filial piety accurately captures some distinctive features of familial relationships and may thus shed light on our (...) understanding of the ethical nature of human family life and our philosophical investigation of familial ethics. (shrink)

Ausgehend von einem im Februar 2014 ergangenen BGH-Urteil, das die Unterhaltspflicht von erwachsenen Kindern gegenüber ihren Eltern auch im Falle des einseitigen Kontaktabbruchs bejaht, werden in diesem Beitrag Überlegungen zur Struktur und den normativen Implikationen der Eltern-Kind-Beziehung angestellt. Zum einen wird dafür plädiert, die Eltern-Kind-Beziehung als nichtsymmetrisch, d. h. als Komplex aus symmetrischen und asymmetrischen Beziehungen zu verstehen. Zum anderen wird hinsichtlich der normativen Implikationen der Eltern-Kind-Beziehung dafür argumentiert, dass Verpflichtungen innerhalb dieser Beziehung nicht vom bloßen Bestehen, sondern vom Wert (...) der Beziehung abhängig zu machen sind. Aus diesem Argument wird gefolgert, dass die im BGH-Urteil sowie im in der einschlägigen Literatur diskutierten „Past Parental Sacrifices Model“ unterstellte Symmetrie der Eltern-Kind-Beziehung zu einer inadäquaten normativen Analyse führt. Damit wird der Rechtfertigungsstrategie filialer Verpflichtungen, die auf ein Quidproquo bezüglich zurückliegender elterlicher Versorgungsleistungen gestützt ist, eine Absage erteilt. (shrink)

In this article I investigate the nature and extent of filial obligations. The question what (adult) children owe their parents is not only philosophically interesting, but also of increasing relevance in ageing societies. Its answer matters to elderly people and their adult children, and is relevant to social policy issues in various ways. I present the strongest arguments for and against three models of filial obligations: the ‘past parental sacrifices’ model, the ‘special relationship’ model, and the conventionalist model. There is (...) something to be said—and after consideration of objections something remains to be said—for all three models. In other words: filial obligations have more than one source, and an adequate model of filial obligations should reflect this. On its own, each of the above models is one-sided. They also fail to show the connections between the question of filial obligations and various other issues, such as issues of gender justice, the extent of institutionalization of eldercare, and social conventions regarding filial responsibility. Therefore, I integrate what I think we should keep from the aforementioned models into a contextual, pluralist model, which places filial obligations in a broader social and cultural context and relates them to issues of social justice. The model also highlights the difference between general and specific filial obligations, and the factors that determine their nature and extent, thus enabling a deeper and more comprehensive understanding of filial obligations. (shrink)

In the growing philosophical literature on the family and its value, the parents' fiduciary role often serves to explain why the family is valuable from a child-centred perspective. Recently it has been further argued that this fiduciary role also explains the distinctive value the family has for parents. By offering a critique of that argument, the paper advances an alternative parent-centred account of the value of the family. It points out the process in families whereby parents reproduce some of their (...) characteristics in their children and thereby establish a powerful sense of interconnectedness and continuity between their own identity and the child's. The fact that the family provides quite a unique platform for developing this type of interpersonal bond may account for the striking importance ascribed to families. Liberal theory should accommodate this fact when offering an account of legitimate parental authority. (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)

It is commonly assumed that many, if not most, adult children have moral duties to visit their parents when they can do so at reasonable cost. However, whether such duties persist when the parents lose the ability to recognise their children, usually due to dementia, is more controversial. Over 40% of respondents in a public survey from the British Alzheimer’s Society said that it was “pointless” to keep up contact at this stage. Insofar as one cannot be morally required to (...) do pointless things, this would suggest that children are relieved of any duties to visit their parents. In what appears to be the only scholarly treatment of this issue, Claudia Mills has defended this view, arguing that our duties to visit our parents require a type of relationship that is lost when parents no longer remember who their children are. This article challenges Mills’ argument. Not only can children be duty-bound to visit parents who have lost the ability to recognise them, I argue that many children do in fact have such duties. As I show, these duties are grounded in any special interests that their parents have in their company; the fact that visiting their parents might allow them to comply with generic duties of sociability; and/or the fact that such visits allow them to express any gratitude that they owe their parents. (shrink)

Dieser Beitrag untersucht die Frage, ob erwachsene Kinder ihren Eltern als deren Kinder etwas schulden. Ich argumentiere, dass sich entsprechende filiale Pflichten nicht begründen lassen, und zwar weder i.) mit Verweis auf Güter, die Kinder im Laufe ihrer Kindheit von ihren Eltern erhalten haben, noch ii.) vor dem Hintergrund der aktuellen Beziehung zwischen Eltern und ihren erwachsenen Kindern, noch iii.) mit Blick auf das positive Potential dieses Verhältnisses für Eltern wie Kinder. Zwar haben Kinder also keine filialen Pflichten, doch sind (...) sie iv.) dennoch in ihrer filialen Freiheit eingeschränkt. Diese Einschränkung ergibt sich aus der speziellen relationalen Vulnerabilität, welche die Eltern-Kind-Beziehung prägt und die Kindern Grund gibt, sich in ihrem Verhalten ihren eigenen Eltern gegenüber von dieser Verletzlichkeit leiten zu lassen und auf sie Rücksicht zu nehmen. (shrink)

Among the most pressing philosophical questions occupying those interested in the ethics of the family is why should parents, as opposed to charity workers or state officials, raise children. In their recent Family Values, Brighouse and Swift have further articulated and strengthen their own justification of the parent-child relationship by appealing to its crucial role in enabling the child’s proper development and in allowing parents to play a valuable fiduciary role in the lives of children. In this paper, I argue (...) that the set of interests Brighouse and Swift identify as necessary for the justification of the family fails to account for the different stages and the different cultural settings that mark the parent-child relationship. In particular, I ague that their justification of the family fails to satisfy the following two desiderata: (i) that the justification for the parent-child relationship should ideally track the good-making feature(s) of the relationship that extend across its entire history, and (ii) such justification should ideally explain what is valuable about the parent-child relationship in both liberal and non-liberal family contexts. In light of my critique, I sketch an alternative account of family values, one that appeals directly to the special mode of caring we see in the parent-child relationship, a form of caring that is certainly present in non-liberal societies and that typically extends across a lifetime. (shrink)

This study is a contribution to the bioethical debate about new and possibly emerging reproductive technologies. Its point of departure is the intuition, which many people seem to share, that using such technologies to select non-disease traits – like sex and emotional stability - in yet unborn children is morally problematic, at least more so than using the technologies to avoid giving birth to children with severe genetic diseases, or attempting to shape the non-disease traits of already existing children by (...) environmental means, like education. The study employs philosophical analysis for the purpose of making this intuition intelligible and judging whether it is justified. Different ways in which the moral problems posed by reproductive technologies are often framed in bioethical debates are criticised as inadequate for this task. In particular, it is argued that the intuition cannot fully be made sense of in terms of harm to the children that such technologies help create. The study attempts to elaborate an alternative to that broadly consequentialist approach, by drawing on Martin Heidegger’s philosophy of technology, Hans Jonas’s ethics, and Aristotle’s practical philosophy, as it has been received and developed in the hermeneutical tradition. It is suggested that reproductive choices, unlike decisions for already born children, are characterised by a peculiar one-sidedness: the future child appears to the parents as something wholly theirs to decide about, not as a concrete other with whom they must interact in a responsive and attuned way. This is problematic because it means that such choices cannot call upon the particularised moral understanding only gained in interpersonal encounters. In particular, it makes them easily shaped by various tendencies, to which parents are always susceptible, to relate to children in instrumentalising ways, and at risk of reinforcing such tendencies. However, this does not mean that all uses of reproductive technologies are equally troubling. When selecting against severe disease the parents can rely on a widely shared illness experience to escape the dangers that one-sidedness involves. It is concluded that the intuition under discussion, thus explicated and in some ways qualified, makes sense morally. (shrink)