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 (...) question of how to demarcate childhood from adulthood. After summarizing the case, we identify a ‘demarcation dilemma’ that frames much of the public and expert debate. On the one hand, it seems morally imperative ‘to treat like alike’, which means that both children and adults should be allowed to undertake all actions for which they have the relevant competences. On the other hand, requiring proportional treatment of children and adults seems to neglect the special nature of childhood as a distinct stage in life that ends at a specific age. We introduce the notion of a ‘regime of childhood’ to deal with this problem. This regime includes several dimensions, including the limited liability for children, the supervisory responsibilities of parents, the role of age-based thresholds, and the overarching purpose of childhood as a context for developing autonomy. We argue that, all things considered, there are good reasons not to shift to a regime that offers individual children the option of qualifying for adulthood on the basis of age-neutral criteria. (shrink)

Julia Rosenak; Should Children be Subject to Paternalistic Restrictions on their Liberties?, Journal of Philosophy of Education, Volume 16, Issue 1, 30 May 2006.

It has been recommended that parents should monitor their children’s Internet use, including what sites their children visit, what messages they receive, and what they post. In this paper, I claim that parents ought not to follow this advice, because to do so would violate children’s right to privacy over their on-line information exchanges. In defense of this claim, I argue that children have a right to privacy from their parents, because such a right respects their current capacities and fosters (...) their future capacities for autonomy and relationships. (shrink)

Ki Su Kim; J. S. Mill's Concept of Maturity as the Criterion in Determining Children's Eligibility for Rights, Journal of Philosophy of Education, Volume 24, Is.

Although it is primarily concerned with the value of liberty and the justification of compulsory education, what lies behind much of this paper is the question ‘;Why treat children like children?’ The fact is that we do not regard children as having the same rights, privileges and liberties as adults, and children may not be thought of as deserving the same degree of respect or consideration as their seniors. In the past this has led to some horrific states of affairs, (...) and while matters have undoubtedly improved, it is still the case that most people accept what Graham Haydon describes as ‘;the assumption that one thing can go for children and quite another for adults’. One likely consequence of this, and an important example of the different treatment reserved for children is compulsory education. Illiterate and innumerate adults are not compelled to practise their letters or play with counters or watch prescribed television programmes. Even when, to quote Mill, we have an adult ‘;who shows rashness, obstinacy and self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgencies—who pursues animal pleasures at the expense of those of feeling and intellect’, we do not subject him to character-building games or uplifting scripture readings, or initiate him into the mysteries of home economics, or read Shakespeare at him. But we compulsorily do all of this and more to children. Moreover, compulsory education, as we have it, is not something from which the young can gain remission. The law that requires ‘;every child of compulsory school age…to receive an efficient full-time education suitable to his age, ability, and aptitude’ effectively defines an approach where what counts is the arbitrariness of chronology, not standards or excellence. (shrink)

Although it is primarily concerned with the value of liberty and the justification of compulsory education, what lies behind much of this paper is the question ‘;Why treat children like children?’ The fact is that we do not regard children as having the same rights, privileges and liberties as adults, and children may not be thought of as deserving the same degree of respect or consideration as their seniors. In the past this has led to some horrific states of affairs, (...) and while matters have undoubtedly improved, it is still the case that most people accept what Graham Haydon describes as ‘;the assumption that one thing can go for children and quite another for adults’. One likely consequence of this, and an important example of the different treatment reserved for children is compulsory education. Illiterate and innumerate adults are not compelled to practise their letters or play with counters or watch prescribed television programmes. Even when, to quote Mill, we have an adult ‘;who shows rashness, obstinacy and self-conceit—who cannot live within moderate means—who cannot restrain himself from hurtful indulgencies—who pursues animal pleasures at the expense of those of feeling and intellect’, we do not subject him to character-building games or uplifting scripture readings, or initiate him into the mysteries of home economics, or read Shakespeare at him. But we compulsorily do all of this and more to children. Moreover, compulsory education, as we have it, is not something from which the young can gain remission. The law that requires ‘;every child of compulsory school age…to receive an efficient full-time education suitable to his age, ability, and aptitude’ effectively defines an approach where what counts is the arbitrariness of chronology, not standards or excellence. (shrink)

This paper considers the place of children within liberal-democratic society and its related political morality. The genesis of the paper is two considerations which are in tension with one another. First, that there must be some point at which children are divided from adults, with children denied the rights which go along with full membership of the liberal community. The justification for the difference in the statue between these two groups must be rooted in some notion of capacities, since these (...) are the only relevant differences between adults and children. Second, that linking an individual's capacities to her status undermines the central liberal commitment of political equality. This dilemma explains what I term the threshold view, which holds that children become adult citizens upon reaching an age of competence and that above this level differences in abilities cease to matter to an individual's status. While this view has attractions, this paper argues that this view must eventually be rejected because of its inability to deal with the actual process of human development. In its place, the paper proposes a modification to this view which sees the threshold constrained by moral demands and applied indirectly to age groups rather than individuals. These constraints preserve the commitment to equality in a way consistent with a plausible view of children's place in society. (shrink)

Child moral agency is dismissed in many historical and contemporary accounts based on children's supposed lack or marginal possession of agency-bearing capacities, including reason, deliberation, and judgment, amongst others. Given its prominence in the philosophical canon, I call this the traditional view of child agency. Recent advancements in moral developmental psychology challenge the traditional view, pointing toward the possession of relevant capacities and competencies for moral and responsible agency in early and middle childhood. I argue that both views—traditional and developmental—underdetermine (...) our practices of holding children responsible in our common interactions. For one, we face significant epistemic barriers in accurately assessing children’s agential status qua possession of responsibility-bearing capacities and competencies. Second, overreliance on assessments of individualistic capacities emphasizes an atomistic view of agency at the expense of relational views that are of particular relevance for children as uniquely developing persons. Our practices of holding children responsible and the values that guide these practices in the context of supportive relationships are central to both supporting current and drawing out future responsible agency in childhood and, importantly, provide us with a path to regard children as participants in our moral communities, as opposed to mere agents-in-waiting. (shrink)