Martha Nussbaum grounds her version of the capabilities approach in political liberalism. In this paper, we argue that the capabilities approach, insofar as it genuinely values the things that persons can actually do and be, must be grounded in a hybrid account of liberalism: in order to show respect for adults, its justification must be political; in order to show respect for children, however, its implementation must include a commitment to comprehensive autonomy, one that ensures that children develop the skills (...) necessary to make meaningful choices about whether or not to exercise their basic capabilities. Importantly, in order to show respect for parents who do not necessarily recognize autonomy as a value, we argue that the liberal state, via its system of public education, should take on the role of ensuring that all children within the state develop a sufficient degree of comprehensive autonomy. (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)

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)

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 (...) dieses sogenannte Prinzip der Legitimität auf den Bereich der Familie an, woraus für ihn folgt, dass die religiöse Erziehung von Kindern auf einer illegitimen Ausübung von Autorität beruht, wenn Eltern ihre Kinder so beeinflussen wollen, dass diese die von ihnen bevorzugten religiösen Überzeugungen annehmen. Für Clayton muss die legitime Ausübung der Erziehungsautorität der Eltern auf die zukünftige Zustimmung, seinen retrospektiven „consent“, Bezug nehmen. Am Ende des Aufsatzes wird – unter Berücksichtigung von Clayton-Kritikern – untersucht, ob es Formen religiöser Erziehung gibt, die vereinbar sind mit dem Prinzip der Legitimität. (shrink)

Despite widespread agreement that privacy in the context of education is important, it can be difficult to pin down precisely why and to what extent it is important, and it is challenging to determine how privacy is related to other important values. But that task is crucial. Absent a clear sense of what privacy is, it will be difficult to understand the scope of privacy protections in codes of ethics. Moreover, privacy will inevitably conflict with other values, and understanding the (...) values that underwrite privacy protections is crucial for addressing conflicts between privacy and institutional efficiency, advising efficacy, vendor benefits, and student autonomy. -/- My task in this paper is to seek a better understanding of the concept of privacy in institutional research, canvas a number of important moral values underlying privacy generally (including several that are explicit in the AIR Statement), and examine how those moral values should bear upon institutional research by considering several recent cases. (shrink)

Paternalism is widely viewed as presumptively justifiable for children but morally problematic for adults. The standard explanation for this distinction is that children lack capacities relevant to the justifiability of paternalism. I argue that this explanation is more difficult to defend than typically assumed. If paternalism is often justified when needed to keep children safe from the negative consequences of their poor choices, then when adults make choices leading to the same negative consequences, what makes paternalism less justified? It seems (...) true that ordinary adults have capacities enabling them to promote their interests in ways most children lack. This can explain why paternalism is more often justified towards children than adults. What is not explained, however, is why paternalism would be justifiable for children, but not adults, when neither possess the relevant interest-promoting capacities—exactly the cases when paternalism towards adults might be considered. I argue that this dilemma undercuts capacities-based explanations for the belief that childhood is distinctively relevant for the permissibility of paternalism. I then address defenses of both consequentialist and deontological versions of the capacities-based explanation. Absent this capacities-based explanation, I argue that the intuition that less demanding justificatory standards apply to paternalism when directed at children than when directed towards adults presents unresolved problems for egalitarians. (shrink)

In recent years, educational institutions have started using the tools of commercial data analytics in higher education. By gathering information about students as they navigate campus information systems, learning analytics “uses analytic techniques to help target instructional, curricular, and support resources” to examine student learning behaviors and change students’ learning environments. As a result, the information educators and educational institutions have at their disposal is no longer demarcated by course content and assessments, and old boundaries between information used for assessment (...) and information about how students live and work are blurring. Our goal in this paper is to provide a systematic discussion of the ways in which privacy and learning analytics conflict and to provide a framework for understanding those conflicts. -/- We argue that there are five crucial issues about student privacy that we must address in order to ensure that whatever the laudable goals and gains of learning analytics, they are commensurate with respecting students’ privacy and associated rights, including (but not limited to) autonomy interests. First, we argue that we must distinguish among different entities with respect to whom students have, or lack, privacy. Second, we argue that we need clear criteria for what information may justifiably be collected in the name of learning analytics. Third, we need to address whether purported consequences of learning analytics (e.g., better learning outcomes) are justified and what the distributions of those consequences are. Fourth, we argue that regardless of how robust the benefits of learning analytics turn out to be, students have important autonomy interests in how information about them is collected. Finally, we argue that it is an open question whether the goods that justify higher education are advanced by learning analytics, or whether collection of information actually runs counter to those goods. (shrink)

Interest in the nature and importance of ‘childhood goods’ recently has emerged within philosophy. Childhood goods, roughly, are things that are good for persons qua children independent of any contribution to the good of persons qua adults. According to Colin Macleod, John Rawls’s political conception of justice as fairness rests upon an adult-centered ‘agency assumption’ and thus is incapable of incorporating childhood goods into its content. Macleod concludes that because of this, justice as fairness cannot be regarded as a complete (...) conception of distributive justice. In this paper I provide a political liberal response to Macleod’s argument by advancing three claims. First, I propose that political liberalism should treat leisure time as a distinct ‘primary good.’ Second, I suggest that leisure time should be distributed via the ‘basic needs principle’ and the ‘difference principle’ for all citizens over the course of their complete lives, including their childhoods. Third, the provision of leisure time in this way supports the realization of childhood goods for citizens. (shrink)

That Jehovah's Witnesses cannot refuse life-saving blood transfusions on behalf of their children has acquired the status of virtual “consensus” among bioethicists. However strong the consensus may be on this matter, this article explores whether this view can be plausibly defended on liberal principles by examining it in light of one particularly well worked-out liberal political theory, that of Rawls. It concludes that because of the extremely high priority Rawls attributes to “freedom of conscience,” and the implication from the original (...) position that parents must act paternalistically toward their children as their protectors, Jehovah's Witnesses cannot legitimately be barred from making decisions on behalf of their children, even when the consequences of such decisions are serious and irremediable. (shrink)

In this paper I show the short-comings of autonomy-based justifications for exemptions from paternalism and appeal to the value of settling to defend an alternative well-being-based justification. My well-being-based justification, unlike autonomy-based justifications, can 1) explain why adults but not children are exempt from paternalism; 2) show which kinds of paternalism are justified for children; 3) explain the value of the capacity of autonomy; 4) offer a plausible relationship between autonomy and exemption from paternalism; and 5) give political philosophers a (...) justification for exempting persons from paternalism even if broad scepticism about the capacity for autonomy is justified. (shrink)

The child’s right to an open future aims at protecting the autonomy of the mature person into which a child will normally develop. The justification of state interventions into parental decisions which unduly restrict the options of the prospective adult has to address the problem that the value of autonomy is highly contested in modern pluralist societies. The article argues that the modern majority culture provides young adults with many more options than traditionalist religious communities. However, the options that can (...) be chosen in faith groups, such as the Amish, do not constitute a subset of the options available in the wider society. Therefore, state policies which pursue the goal of providing every child with the greatest possible set of options cannot be based on a neutralist version of political liberalism. The advocates of a child’s right to an open future must rely on a perfectionist version of liberalism which draws on the ideal of leading an autonomous life. Since liberal perfectionism has problematic implications, the article defends a neutralist position that largely refrains from state interference with the educational authority of fundamentalist religious communities. (shrink)

Summary Liberals, from Mill to Rawls see personal autonomy as paramount in civil society. They see human dignity to consist essentially in personal autonomy, that is, ?in the ability of each person to determine for himself or herself a view of the good life? (Taylor, C. (1992) p. 27). Multiculturalism and ?The Politics of Recognition? p. 57 (Princeton, Princeton University Press). This emphasis on personal autonomy underlies much of liberal emphasis on freedom of conscience, justice, rights and fairness. Its core (...) thesis is that a just society seeks not to promote any particular view of the good life, but enables its citizens to pursue their own ends consistent with a similar liberty for all others. Yet, when some citizens in America attempted to pursue their own view of the good life, they came up against head?on conflict with the liberal state. These groups saw civic education with its emphasis on individual choice, on reflecting and weighing of alternative viewpoints and on personal autonomy, as threatening to their way of life and to their fundamental religious beliefs, and consequently they challenged the state in the courts. What ensued raised profound educational problems for educating children, parental rights, and the right of the State in a liberal democratic society, which are discussed in this paper. (shrink)

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)

This paper advocates for a shift from insular paternalism to developmental paternalism in education, contending that students' engagement with erroneous ideas is crucial for building the ability to resist harmful notions and support democracy. The proposed inoculative approach exposes students to problematic ideas, guiding them through the process of overcoming these beliefs using the pedagogy of relation. The author employs behavioral economics to explore the shortcomings of insular paternalism and the early Christian notion of metanoia to explain the importance of (...) changing one's mind. This developmentally-informed approach fosters rational thinking and curbs extremist ideologies. The paper asserts that prioritizing an inoculative approach over an insulatory one equips students to navigate the complexities of the modern world and uphold democratic values. (shrink)

Imagine entering a public high school history classroom. A student suggests the American Constitution was ratified in 1952. If a teacher corrected the student noting that New Hampshire became the n...

In this thesis, I argue that a nationalized private school – publicly financed voucher system (PRS / PFV system) of education provides a solution to the current problems plaguing the American public education system. Although previous arguments focus on a privatized system being more efficient than the current public system, I will not focus on this issue in my discussion. Despite criticism of privatized education systems by multiple empirical analyses, I do not fully engage the empirical literature here. As there (...) has never been a nationalized private school – publicly funded voucher system like the one supported here, there is no direct empirical evidence that provides reason not to support such a system. Rather, my discussion is purely theoretical and will only briefly address some of the prospective theoretical concerns that are raised by the empirical research. (shrink)

This paper offers a critique of the “democratic state of education” proposed by Amy Gutmann in her influential book Democratic Education. In the democratic state of education, educational authority is shared among the state, parents and educational professionals; and educational objectives are geared toward equipping future citizens to participate in what Gutmann calls “conscious social reproduction”—the collective shaping of the future of society through democratic deliberation. Although I agree with some of Gutmann’s broad recommendations for civic education, I have misgivings (...) about the centrality that she gives to conscious social reproduction in her theory of education. I argue that in focusing so intently on the facilitation of conscious social reproduction, Gutmann’s theory makes insufficient room for the basic interests of individual children, and in particular, their prospective interest in autonomy. Gutmann’s considered position on sex education policy—specifically, her willingness to allow local communities to deny their children access to sex education—exemplifies the shortcomings of her theory. Ultimately, her democratic state of education fails to acknowledge the fundamental moral importance of individual flourishing, and the contribution that education can and should make to it. (shrink)

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...

In this paper I make a contribution to three distinct, but deeply interwoven subjects. Firstly, I argue that, at the level of ideal theory, the distribution of educational goods should follow a sufficientarian pattern and that the evaluative space of children’s advantage should be inspired by the capability approach. Secondly, the paper is delving into the more policy-oriented debates on the desirability of school choice. I argue that, given the non-ideal circumstances in which decision makers have to act, giving parents (...) the opportunity to choose the school for their children is a sine qua non condition for even approaching the ideals of sufficientarian justice. Lastly, I move the discussion on more empirical grounds, advancing a criticism of the Romanian educational legislation. I argue that the sufficiency-constrained school choice system that I envision could solve some of the problems that the Romanian educational system faces today. (shrink)

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 (...) in his book Justice m Child Rearing in the context of general account of the proper limits of parental authority. I argue that Clayton is unsuccessful in ways that point to fundamental and pervasive questions about the place of liberal values in child rearing and education that remain unanswered. (shrink)

Do states have a right to exclude prospective immigrants as they see fit? According to statists the answer is a qualified yes. For these authors, self-determining political communities have a prima facie right to exclude, which can be overridden by the claims of vulnerable groups such as refugees and children born in the state’s territory. However, there is a concern in the literature that statists have not yet developed a theory that can protect children born in the territory from being (...) excluded from the political community. For if the self-determining political community has the right to decide who should form the self in the first place, then that right should count against both newcomers by immigration and newcomers by birth. Or so the concern goes. In this essay, I defend statism against this line of criticism and provide a liberal justification for the inclusion of children born within the state’s borders. My account leads to some surprising implication for citizenship law, as well as immigration arrangements in the area of asylum and unauthorized immigration. (shrink)

abstract An appeal to children's authenticity is widespread in major debates in the philosophy of education. However, no evident uniform conception of authenticity informs the dialectic. We begin with examples that confirm this multiplicity. We then uncover a common strand that unifies these seemingly differing conceptions: authenticity is exemplified by motivational elements, such as the agent's desires, when these elements are, in a manner to be explicated, ‘truly the agent's own’. It is this view of authenticity that is the mainstay (...) of a predicament in the philosophy of education: if education entails intentional instilment of certain motivational elements in the child but such intentional moulding, in the absence of the agent's consent, is generally incompatible with authenticity, how is an authentic education possible? We respond by developing a relational account of authenticity that denies that motivational elements are authentic in their own right; they are authentic only relative to ensuring certain ends. (shrink)

The Dutch government has a double moral message for Dutch parents. On the one hand, they expect mothers to work more hours outside the home; on the other hand, they expect parents to perform better in their parental tasks. New research shows again that in spite of all stimulation measures, Dutch women with children prefer their part-time jobs, and parents prefer not to leave their children to the responsibility of day care all week. To what extent is the government allowed (...) to oblige mothers to work more hours a week if the consequence is that the responsibility for upbringing shifts from parents to day care centres? (shrink)

Recognizing the immense purchasing power of children, marketing researchers often gather information from them. Given the vulnerability of these children as research subjects, this paper explores the different ethical standards that marketing researchers could adopt in their research efforts. The Paternalistic Ethical Standard and the Limited Paternalistic Ethical Standard are discussed and the ethical quandary known as the Pontius Pilate Plight is identified in the context of the latter standard. An enhanced version of the Limited Paternalistic Standard is suggested as (...) an ethical guide for marketing researchers. Based on interviews with professional marketing researchers to gauge the applicability of the proposed standard, managerial implications are identified. (shrink)