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Justice and Legitimacy in Upbringing

Oxford University Press (2006)

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  1. Elternautorität und Legitimität – über die normativen Grenzen religiöser Erziehung.Alexander Bagattini - 2015 - Zeitschrift für Praktische Philosophie 2 (1):159-190.
    Für viele liberale Denker fällt die religiöse Erziehung der eigenen Kinder unter die Erziehungsautorität der Eltern. Das heißt, dass die Eltern für ihre Kinder entscheiden sollen, ob Letztere religiös erzogen werden und welche Religion hierbei unter Umständen zugrunde liegen soll. In diesem Aufsatz wird ein Argument von Matthew Clayton kritisch diskutiert, das dieses traditionell liberale Verständnis der Erziehungsautorität infrage stellt. Clayton geht von Rawls‘ Rechtfertigungsmodell legitimer Autorität aus, nach dem staatliche Autorität durch öffentlich zugängliche Gründe zu rechtfertigen ist. Clayton wendet (...)
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  • Political liberalism and the dismantling of the gendered division of labour.Anca Gheaus - forthcoming - Oxford Studies in Political Philosophy.
    Women continue to be in charge of most childrearing; men continue to be responsible for most breadwinning. There is no consensus on whether this state of affairs, and the informal norms that encourage it, are matters of justice to be tackled by state action. Feminists have criticized political liberalism for its alleged inability to embrace a full feminist agenda, inability explained by political liberals’ commitment to the ideal of state neutrality. The debate continues on whether neutral states can accommodate two (...)
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  • Can Schools Teach Citizenship?Michael Merry - 2020 - Discourse 41 (1):124-138.
    In this essay I question the liberal faith in the efficacy and morality of citizenship education (CE) as it has been traditionally (and is still) practiced in most public state schools. In challenging institutionalized faith in CE, I also challenge liberal understandings of what it means to be a citizen, and how the social and political world of citizens is constituted. I interrogate CE as defended in the liberal tradition, with particular attention to Gutmann’s ‘conscious social reproduction’. I argue that (...)
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  • Parents’ Rights, Children’s Religion: A Familial Relationship Goods Approach.Adam Swift - 2020 - Journal of Practical Ethics 8 (2):30-65.
    The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...)
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  • Republican Families?Anca Gheaus - 2024 - In Frank Lovett & Mortimer Sellers (eds.), Oxford Handbook of Republicanism. Oxford University Press.
    What would the institution of the family look like, if it were reformed according to republican desiderata? Would it even survive such re-shaping?
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  • III — Justice, Integrity and Moral Community: Do Parents Owe It to Their Children to Bring Them Up as Good Global Climate Citizens?Elizabeth Cripps - 2017 - Proceedings of the Aristotelian Society 117 (1):41-59.
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  • Justice, Identity and the Family.Christopher Cowley - 2015 - International Journal of Philosophical Studies 23 (5):754-765.
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  • Hypothetical Insurance and Higher Education.Ben Colburn & Hugh Lazenby - 2016 - Journal of Philosophy of Education 50 (4):587-604.
    What level of government subsidy of higher education is justified, in what form, and for what reasons? We answer these questions by applying the hypothetical insurance approach, originally developed by Ronald Dworkin in his work on distributive justice. On this approach, when asking how to fund and deliver public services in a particular domain, we should seek to model what would be the outcome of a hypothetical insurance market: we stipulate that participants lack knowledge about their specific resources and risks, (...)
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  • Anti-perfectionisms and autonomy.Ben Colburn - 2010 - Analysis 70 (2):247-256.
    I provide support for a liberal political philosophy that is fully committed to the state promotion of autonomy, and which also counts Anti-perfectionism amongst its other commitments. I do so by defending it against the serious charge that it is prima facie self-contradictory. After all, Anti-perfectionism appears to demand that the state refrain from promoting any value – it looks as though that must preclude the promotion of autonomy, if the latter is conceived of as a value. I argue that (...)
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  • When God Commands Disobedience: Political Liberalism and Unreasonable Religions.Matthew Clayton & David Stevens - 2014 - Res Publica 20 (1):65-84.
    Some religiously devout individuals believe divine command can override an obligation to obey the law where the two are in conflict. At the extreme, some individuals believe that acts of violence that seek to change or punish a political community, or to prevent others from violating what they take to be God’s law, are morally justified. In the face of this apparent clash between religious and political commitments it might seem that modern versions of political morality—such as John Rawls’s political (...)
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  • Reply to Morgan.Matthew Clayton - 2009 - Studies in Philosophy and Education 28 (1):91-100.
    This article responds to certain objections Jeffrey Morgan raises against the theory of liberal education defended in Justice and Legitimacy in Upbringing. First, it replies to his claim that the theory is too individualistic and pays insufficient attention to considerations of ‘care’. Second, it recapitulates and clarifies the argument that the ideal of autonomy supports the conclusion that it is illegitimate for parents to enrol their children into controversial conceptions of the good life, and seeks to rebut Morgan's criticisms of (...)
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  • Liberal equality: political not erinaceous.Matthew Clayton - 2016 - Critical Review of International Social and Political Philosophy 19 (4):416-433.
    Ronald Dworkin’s Justice for Hedgehogs defends liberal political morality on the basis of a rich account of dignity as constitutive of living well. This article raises the Rawlsian concern that making political morality dependent on ethics threatens citizens’ political autonomy. Thereafter, it addresses whether the abandonment of ethical foundations signals the demise of Dworkin’s liberalism and explores the possibility of laundering his conception so as to facilitate a marriage between the political philosophies of Rawls and Dworkin. The article finishes by (...)
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  • Politics by Other Means? Rawls, Feminists, Religious Conservatives, and Public Education.Patrick J. Casey - 2020 - Res Publica 27 (3):369-386.
    In response to the feminist concern that various religions undermine the ability of young women to realize themselves as free and equal citizens, Rawls has suggested that mandatory civic education could balance out non-egalitarian faiths. However, mandated civic education, if substantive enough to meet the demands of feminists, would likely disrupt the ability of religious conservatives and their children to develop and freely exercise the two moral powers. The result of this dilemma is twofold: the first is that a Rawlsian (...)
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  • Children and the Limits of Paternalism.Brian Carey - 2017 - Ethical Theory and Moral Practice 20 (3):581-595.
    Philosophers disagree about what precisely makes an act paternalistic, and about whether, when, and why paternalistic acts are morally objectionable. Despite these disagreements, it might seem uncontroversial to think that it is permissible to paternalize children. When paternalism seems morally objectionable, that is usually because an adult has been treated in a way that seems appropriate only for children. But, we might think, there can be nothing morally objectionable about treating children as children. In this paper, however, I argue that (...)
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  • Debate: Clayton on Comprehensive Enrolment.Christina Cameron - 2012 - Journal of Political Philosophy 20 (3):341-352.
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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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  • Should Liberal States Subsidize Religious Schooling?François Boucher - 2018 - Studies in Philosophy and Education 37 (6):595-613.
    Many liberals and secularists believe that religious schooling should not be publicly funded or that it should simply be banned. Challenging those views, I claim that although liberal states may refuse to fund and may even ban certain illiberal separate religious schools, it is impermissible, for distinctively liberal reasons, to completely ban publicly funded religious schooling. I will however argue that providing religious instruction within common public schools is more desirable than having separate religious schools. I argue that providing religious (...)
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  • Parental subsidies: The argument from insurance.Paul Bou-Habib - 2013 - Politics, Philosophy and Economics 12 (2):197-216.
    This article develops the argument that the state must provide parental subsidies if, and to the extent that, individuals would, under certain specified hypothetical conditions, purchase ‘insurance cover’ that would provide the funds they need for adequate childrearing. I argue that most citizens would sign up to an insurance scheme, in which they receive a guarantee of a means-tested parental subsidy in return for an obligation to pay a progressive income tax to fund the scheme. This argument from insurance bolsters (...)
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  • Distributive Justice in Education and Conflicting Interests: Not (Remotely) as Bad as you Think.Tammy Harel Ben-Shahar - 2015 - Journal of Philosophy of Education 49 (4):491-509.
    The importance of education and its profound effect on people's life make it a central issue in discussions of distributive justice. However, promoting distributive justice in education comes at a price: prioritising the education of some, as is often entailed by the principles of justice, inevitably has negative effects on the education of others. As a result, all theories of distributive justice in education face the challenge of balancing their requirements with conflicting interests. This article aims to contribute to developing (...)
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  • The Holistic and Policy-Focused Interpretation of Hypothetical Insurance.Douglas Bamford - 2015 - Moral Philosophy and Politics 2 (1):141-177.
    This paper argues that the best interpretation of Ronald Dworkin’s hypothetical insurance scheme is a holistic one that allows the parties to make choices between the policies that are available. This interpretation contrasts with the hypothecated and insurance-focused aspects that are traditionally understood as part of the procedure. The paper argues that the holistic interpretation better fits with the ideal of resource egalitarianism that people should have as much choice as possible from an equal starting point. It does so by (...)
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  • Public Reason and Child Rearing: What's a Liberal Parent to Do?Dennis Arjo - 2014 - Journal of Philosophy of Education 48 (3):370-384.
    The ways in we raise and educate children can appear to be at odds with basic liberal values. Relationships between parents and children are unequal, parents routinely control children's behaviour in various ways, and they use their authority to shape children's beliefs and values. Whether and how such practices can be made to accord with liberal values presents a significant puzzle. In what follows I will look at a recent and sophisticated attempt to resolve these tensions offered by Matthew Clayton (...)
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  • Children's Human Rights.Anca Gheaus - forthcoming - In Jesse Tomalty & Kerri Woods (eds.), Routledge Handbook for the Philosophy of Human Rights. Routledge. Translated by Kerri Woods.
    There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely in virtue of being human and of (...)
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  • Against private surrogacy: a child-centred view.Anca Gheaus - forthcoming - Oxford University Press.
    Surrogacy involves a private agreement whereby a woman who gestates a child attempts to surrender her (putative) moral right to become the parent of that child such that another person (or persons), of the woman’s choice, can acquire it. Since people lack the normative power to privately transfer custody, attempts to do so are illegitimate, and the law should reflect this fact.
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  • Educating the Reasonable: Political Liberalism and Public Education.Frodo Podschwadek - 2021 - Springer.
    Offering the first developed account of political liberal education, this book combines a thorough analysis of the theoretical groundwork of political liberal education with application-oriented approaches to contemporary educational challenges. Following in depth engagement with the shortcomings of Rawls’ theory and addressing some key objections to neutrality-based restrictions in education, the volume moves on to provide an insightful discussion of topics such as same-sex relations in sex-education, the position of migrant children and the rights of religious parents to determine the (...)
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  • Why Liberal Neutralists Should Accept Educational Neutrality.Matt Sensat Waldren - 2013 - Ethical Theory and Moral Practice 16 (1):71-83.
    Educational neutrality states that decisions about school curricula and instruction should be made independently of particular comprehensive doctrines. Many political philosophers of education reject this view in favor of some non-neutral alternative. Contrary to what one might expect, some prominent liberal neutralists have also rejected this view in parts of their work. This paper has two purposes. The first part of the paper concerns the relationship between liberal neutrality and educational neutrality. I examine arguments by Rawls and Nagel and argue (...)
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  • The child’s right to genital integrity.Kate Goldie Townsend - 2019 - Philosophy and Social Criticism 46 (7):878-898.
    People in liberal societies tend to feel a little uncomfortable talking about male genital cutting, but generally do not think it is morally abhorrent. But female genital cutting is widely consider...
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  • Should Kids Pay Their Own Way?Patrick Tomlin - 2015 - Political Studies.
    Children are expensive to raise. Ensuring that they are raised in such a way that they are able to lead a minimally decent life costs time and money, and lots of both. Who is responsible for bearing the costs of the things that children are undoubtedly owed? This is a question that has received comparatively little scrutiny from political philosophers,despite children being such a drain on public and private finances alike. To the extent that there is a debate, two main (...)
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  • By Any Other Name: Patriotism and Civic Virtue in a Global Context.Winston C. Thompson - 2019 - Studies in Philosophy and Education 38 (6):675-677.
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  • Creating Greener Citizens: Political Liberalism and a Robust Environmental Education.David Stevens - 2014 - Studies in Philosophy and Education 33 (5):545-562.
    Proponents of environmentalist views often urge the teaching of such views and the inculcation of ‘green’ values within the educational curriculum of schools as a key component of achieving their ends. It might seem that modern versions of political morality that refuse to take a stance on controversial questions—religious, ethical, philosophical—or eschew appeal to perfectionist doctrines, such as Rawlsian political liberalism, are beset by a particularly acute difficulty in this regard. To the extent that environmentalist views embody claims about ethical (...)
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  • Civic Republicanism and Education: Democracy and Social Justice in School.Itay Snir & Yuval Eylon - 2016 - Studies in Philosophy and Education 36 (5):585-600.
    The republican political tradition, which originated in Ancient Rome and picked up by several early-modern thinkers, has been revived in the last couple of decades following the seminal works of historian Quentin Skinner and political theorist Philip Pettit. Although educational questions do not normally occupy the center stage in republican theory, various theorists working within this framework have already highlighted the significance of education for any functioning republic. Looking at educational questions through the lens of freedom as non-domination has already (...)
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  • On being wronged and being wrong.Adam Slavny - 2017 - Politics, Philosophy and Economics 16 (1):3-24.
    If D commits a wrong against V, D typically incurs a corrective duty to V. But how should we respond if V has false beliefs about whether she is harmed by D’s wrong? There are two types of cases we must consider: those in which V is not harmed but she mistakenly believes that she is those in which V is harmed but she mistakenly believes that she is not. I canvass three views: The Objective View, The Subjective View and (...)
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  • How bad can a good enough parent be?Liam Shields - 2016 - Canadian Journal of Philosophy 46 (2):163-182.
    Almost everyone accepts that parents must provide a good enough upbringing in order to retain custodial rights over children, but little has been said about how that level should be set. In this paper, I examine ways of specifying a good enough upbringing. I argue that the two dominant ways of setting this level, the Best Interests and Abuse and Neglect Views, are mistaken. I defend the Dual Comparative View, which holds that an upbringing is good enough when shortfalls from (...)
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  • From Rawlsian autonomy to sufficient opportunity in education.Liam Shields - 2015 - Politics, Philosophy and Economics 14 (1):53-66.
    Equality of Opportunity is widely thought of as the normative ideal most relevant to the design of educational institutions. One widely discussed interpretation of this ideal is Rawls' principle of Fair Equality of Opportunity. In this paper I argue that theories, like Rawls, that give priority to the achievement of individual autonomy, are committed to giving that same priority to a principle of sufficient opportunity. Thus, the Rawlsian's primary focus when designing educational institutions should be on sufficiency and not equality. (...)
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  • Rethinking the value of families.Yonathan Reshef - 2013 - Critical Review of International Social and Political Philosophy 16 (1):130-150.
    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 (...)
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  • Why the voting age should be lowered to 16.Tommy Peto - 2018 - Politics, Philosophy and Economics 17 (3):277-297.
    This article examines whether the voting age should be lowered to 16. The dominant view in the literature is that 16-year-olds in the United Kingdom are not politically mature enough to vote since they lack political knowledge, political interest and stable political preferences. I reject this conclusion and instead argue that the voting age should be lowered to 16. First, I look at Chan and Clayton’s empirical claims and show that these features of 16- and 17-year-olds are in fact created (...)
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  • Children as negative externalities?Serena Olsaretti - 2017 - Politics, Philosophy and Economics 16 (2):152-173.
    Egalitarian theories assume, without defending it, the view that the costs of children should be shared between non-parents and parents. This standard position is called into question by the Parental Provision view. Drawing on the familiar idea that people should be held responsible for the consequences of their choices, the Parental Provision view holds that under certain conditions egalitarian justice requires parents to pay for the full costs of their children, as it would be unfair for non-parents to bear the (...)
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  • Civic respect, civic education, and the family.Blain Neufeld & Gordon Davis - 2010 - Educational Philosophy and Theory 42 (1):94-111.
    We formulate a distinctly 'political liberal' conception of mutual respect, which we call 'civic respect', appropriate for governing the public political relations of citizens in pluralist democratic societies. A political liberal account of education should aim at ensuring that students, as future citizens, learn to interact with other citizens on the basis of civic respect. While children should be required to attend educational institutions that will inculcate in them the skills and concepts necessary for them to be free and equal (...)
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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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  • The Public Ecology of Freedom of Association.Andres Moles - 2014 - Res Publica 20 (1):85-103.
    This paper defends the claim that private associations might be legitimately constrained by a requirement of reasonableness. I present a list of goods that freedom of association protect, and argue that the limits to associational freedom have to be sensitive to the nature of these goods. In defending this claim, I cast doubt on two popular liberal arguments: One is that attitudes cultivated in the private sphere are not likely to spill over into the public arena. The other is that (...)
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  • Parental Justice and the Kids Pay View.Erik Magnusson - 2018 - Ethical Theory and Moral Practice 21 (4):963-977.
    In a just society, who should be liable for the significant costs associated with creating and raising children? Patrick Tomlin has recently argued that children themselves may be liable on the grounds that they benefit from being raised into independent adults. This view, which Tomlin calls ‘Kids Pay’, depends on the more general principle that a beneficiary can incur an obligation to share in the cost of an essential benefit that the benefactor is responsible for her requiring. I argue in (...)
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  • Should Democracy Grow up? Children and Voting Rights.Steven Lecce - 2009 - Intergenerational Justice Review 4 (4).
    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 (...)
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  • Yaffe on Democratic Citizenship and Juvenile Justice.Jeffrey W. Howard - 2020 - Criminal Law and Philosophy 14 (2):241-255.
    Why, exactly, should we punish children who commit crimes more leniently than adults who commit the same offenses? Gideon Yaffe thinks it is because they cannot vote, and so the strength of their reasons to obey the law is weaker than if they could. They are thus less culpable when they disobey. This argument invites an obvious objection: why not simply enfranchise children, thereby granting them legal reasons that are the same strength as enfranchised adults, and so permitting similarly severe (...)
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  • Vereinbarkeit zwischen Erwerbsarbeit und Familienleben: Eine Frage der Gerechtigkeit.Sabine Hohl - 2015 - Zeitschrift für Praktische Philosophie 2 (2):311-338.
    In diesem Beitrag argumentiere ich, dass die Ermöglichung von Vereinbarkeit zwischen Erwerbsarbeit und Familienleben ein Erfordernis der Gerechtigkeit bildet. Eltern besitzen einen Anspruch auf Vereinbarkeit, der auf zwei Interessen gründet: Dem Interesse am Zugang zur Erwerbstätigkeit und dem Interesse an der Pflege der Eltern-Kind-Beziehung, durch die besondere Güter realisiert werden. Eine staatliche Politik der Vereinbarkeit lässt sich auch gegenüber denjenigen Gruppen rechtfertigen, die kein besonderes Interesse daran haben – gegenüber Erwachsenen, die keine Kinder haben, und gegenüber Eltern, die ein ‚Ernährermodell‘ (...)
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  • Does epistemic proceduralism justify the disenfranchisement of children?Jakob Hinze - 2019 - Journal of Global Ethics 15 (3):287-305.
    Most laypersons and political theorists endorse the claims that all adults should be enfranchised and all children should be disenfranchised. The first claim rejects epistocracy; the second...
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  • Private education, positional goods, and the arms race problem.Daniel Halliday - 2016 - Politics, Philosophy and Economics 15 (2):150-169.
    This article defends the view that markets in education need to be restricted, in light of the problem posed by what I call the ‘educational arms race’. Markets in education have a tendency to distort an important balance between education’s role as a gatekeeper – its ‘screening’ function – and its role in helping children develop as part of a preparation for adult life. This tendency is not merely a contingent fact about markets: It can be traced to ways in (...)
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  • Well-being, Gamete Donation, and Genetic Knowledge: The Significant Interest View.Daniel Groll - 2021 - Journal of Medicine and Philosophy 46 (6):758-781.
    The Significant Interest view entails that even if there were no medical reasons to have access to genetic knowledge, there would still be reason for prospective parents to use an identity-release donor as opposed to an anonymous donor. This view does not depend on either the idea that genetic knowledge is profoundly prudentially important or that donor-conceived people have a right to genetic knowledge. Rather, it turns on general claims about parents’ obligations to help promote their children’s well-being and the (...)
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  • Parental genetic shaping and parental environmental shaping.Anca Gheaus - 2017 - Philosophical Quarterly 67 (267):20-31.
    Analytic philosophers tend to agree that intentional parental genetic shaping and intentional parental environmental shaping for the same feature are, normatively, on a par. I challenge this view by advancing a novel argument, grounded in the value of fair relationships between parents and children: Parental genetic shaping is morally objectionable because it unjustifiably exacerbates the asymmetry between parent and child with respect to the voluntariness of their entrance into the parent–child relationship. Parental genetic shaping is, for this reason, different from (...)
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  • Biological Parenthood: Gestational, Not Genetic.Anca Gheaus - 2018 - Australasian Journal of Philosophy 96 (2):225-240.
    Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the second (...)
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  • Against parental licensing.Christopher Freiman - 2022 - Journal of Social Philosophy 53 (1):113-126.
    Journal of Social Philosophy, Volume 53, Issue 1, Page 113-126, Spring 2022.
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  • The Problems of Liberal Neutrality in Upbringing.Timothy Michael Fowler - 2010 - Res Publica 16 (4):367-381.
    This paper considers the effect of political liberal principles on the children in society. Specifically, the paper argues that political liberalism faces a problem where parents or other adults want to pass on bizarre or dangerous beliefs to their offspring. This problem arises because in the political liberal framework the only limit on what doctrines a child may acquire is that the child becomes a reasonable citizen. Since this criterion is designed to be lax, this implies children may justly be (...)
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