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Justice and Legitimacy in Upbringing

Oxford University Press (2006)

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  1. 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Biological Parenthood: Gestational, Not Genetic.Anca Gheaus - 2017 - 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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  • Equality, Citizenship and Segregation: A defense of separation.Michael S. Merry - 2013 - New York: Palgrave Macmillan.
    In this book I argue that school integration is not a proxy for educational justice. I demonstrate that the evidence consistently shows the opposite is more typically the case. I then articulate and defend the idea of voluntary separation, which describes the effort to redefine, reclaim and redirect what it means to educate under preexisting conditions of segregation. In doing so, I further demonstrate how voluntary separation is consistent with the liberal democratic requirements of equality and citizenship. The position I (...)
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  • Autonomy and Children's Well-being.Paul Bou-Habib & Serena Olsaretti - 2015 - In Bagattini, Alex Macleod & Colin (eds.), The Nature of Children´s Well-Being. Springer.
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  • Moral Education in the Liberal State.Kyla Ebels-Duggan - 2013 - Journal of Practical Ethics 1 (2):24-63.
    I argue that political liberals should not support the monopoly of a single educational approach in state sponsored schools. Instead, they should allow reasonable citizens latitude to choose the worldview in which their own children are educated. I begin by defending a particular conception of political liberalism, and its associated requirement of public reason, against the received interpretation. I argue that the values of respect and civic friendship that motivate the public reason requirement do not support the common demand that (...)
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  • Children's rights, parental agency and the case for non-coercive responses to care drain.Anca Gheaus - 2014 - In Diana Tietjens Meyers (ed.), Poverty, Agency, and Human Rights. New York, US: Oxford University Press USA.
    Worldwide, many impoverished parents migrate, leaving their children behind. As a result children are deprived of continuity in care and, sometimes, suffer from other forms of emotional and developmental harms. I explain why coercive responses to care drain are illegitimate and likely to be inefficient. Poor parents have a moral right to migrate without their children and restricting their migration would violate the human right to freedom of movement and create a new form of gender injustice. I propose and defend (...)
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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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  • 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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  • 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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  • A Value Pluralist Defense of Toleration.Allyn Fives - 2020 - Philosophia 49 (1):235-254.
    In situations where we ought to tolerate what we morally disapprove of we are faced with the following moral conflict: we ought to interfere with X, we ought to tolerate X, we can do either, but we cannot do both. And the aim of this paper is to clarify the relationship between toleration as a value commitment and value pluralist and value monist approaches to moral conflict. Firstly, value monists side-step the moral conflict at the heart of toleration. Nonetheless, secondly, (...)
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  • Child-rearing With Minimal Domination: A Republican Account.Anca Gheaus - 2021 - Political Studies 69 (3).
    Parenting involves an extraordinary degree of power over children. Republicans are concerned about domination, which, on one view, is the holding of power that fails to track the interests of those over whom it is exercised. On this account, parenting as we know it is dominating due to the low standards necessary for acquiring and retaining parental rights and the extent of parental power. Domination cannot be fully eliminated from child-rearing without unacceptable loss of value. Most likely, republicanism requires that (...)
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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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  • Citizenship, Structural Inequality and the Political Elite.Michael Merry - 2018 - On Education 1 (1).
    Whatever the merits idealized liberal accounts of citizenship education may have in the seminar room, in this essay I argue that they are both unpersuasive and ineffectual. This is the case, because they are insufficiently attentive to the empirical realities, first (a) with respect to how real – versus imaginary – school systems function; and second, (b) with respect to the broader political context in which citizenship education policies are implemented. Because so much is already known about the former, I (...)
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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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  • Is there a right to parent?Anca Gheaus - 2015 - Law, Ethics and Philosophy.
    A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.
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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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  • Justice, Identity and the Family.Christopher Cowley - 2015 - International Journal of Philosophical Studies 23 (5):754-765.
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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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  • 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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  • 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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  • 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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  • 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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  • 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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  • Philosophy of education.D. C. Phillips - 2008 - Stanford Encyclopedia of Philosophy.
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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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  • 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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  • 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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  • Parenthood and Procreation.Tim Bayne & Avery Kolers - forthcoming - Stanford Encyclopedia of Philosophy.
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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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  • 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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  • 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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  • LGBT‐Inclusive Education in Liberal Pluralist Societies.Christina Elizabeth Easton - 2023 - Journal of Applied Philosophy 40 (3):550-568.
    What should be the aim of LGBT-inclusive, state-mandated curricula in liberal, pluralist societies? In this article, I identify two distinct aims that such curricula might have. The first, LGBT Respect, aims to teach that LGBT individuals have equal political status and rights. The second, LGBT Approval, aims to teach a positive attitude towards LGBT relationships, including that there is nothing wrongful about these forms of relationship. I examine what arguments in favour of these different aims are available to the liberal (...)
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  • Capabilities, autonomy, and education: a comprehensive anti-perfectionist capability approach to justice.Imants Latkovskis - 2021 - Dissertation, University of Glasgow
    This thesis explores the relationship between the capability approach to justice and liberal philosophy. I argue that the most compelling articulation of the capability approach—one given by Martha Nussbaum—suffers from an unattractive kind of inconsistency. On the one hand, Nussbaum is committed to formulating a robust account of a dignified human life which can give rise to a range of individual entitlements which ought to be guaranteed to all individuals. On the other hand, Nussbaum is committed to political liberalism which (...)
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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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  • 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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  • 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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  • 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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  • The Question of Exclusion in Rawlsian Contractualism.Areti Theofilopoulou - 2019 - Dissertation, Oxford University
    This thesis focuses on what I call the question of exclusion. This question, I argue, is one that poses serious challenges to social contract approaches to justice and political legitimacy. In an intuitive way, the exclusion of some individuals seems to be a corollary of the social contractualist approach, which ascribes justice or legitimacy to a social arrangement insofar as it can be regarded as the product of the (actual – expressed or tacit – or hypothetical) consent of specified parties. (...)
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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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  • 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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  • Why the Family?Luara Ferracioli - 2015 - Law, Ethics and Philosophy 3:205-219.
    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 (...)
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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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  • Relations of mutual recognition: transforming the political aspect of autonomy.María Pía Méndez Mateluna - 2020 - Dissertation, University of Glasgow
    Being autonomous depends on the kind of relations we enjoy in the different domains of our lives, but the impact of decision-making and the power exercise that takes place in the political sphere, makes political relations crucial to our development and enjoyment of autonomy. This dissertation develops a novel view of political participation by interrogating its connection to our personal autonomy. According to this view, our political relations are partially constitutive of our personal autonomy, which in other words means there (...)
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  • Perfectionism for children, anti-perfectionism for adults.Tim Fowler - 2014 - Canadian Journal of Philosophy 44 (3-4):305-323.
    This paper explores the debate between perfectionists and anti-perfectionists in the context of children. It suggests that the most influential and compelling arguments in favour of anti-perfectionism are adult-centric. It does this by considering four leading reasons given in favour of anti-perfectionism and shows that none apply in the case of children. In so doing, the paper defends a perfectionist account of upbringing from the attacks made against perfectionism more generally. Furthermore, because the refutation of the various anti-perfectionist arguments are (...)
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