As persons, beings with a capacity for autonomy, we face a certain practical task in living out our lives. At any given period we find ourselves with many desires or preferences, yet we have limited resources, and so we cannot satisfy them all. Our limited resources include insufficient economic means, of course; few of us have either the funds or the material provisions to obtain or pursue all that we might like. More significantly, though, we are limited to a single (...) life and one of finite duration. We also age, and pursuits that were possible at earlier points within a life may become impossible at later stages; we thus encounter not only an ultimate time limit but episodic limits as well. Because we must live our lives with limited resources—material and temporal—we are pressed to choose among and to order our preferences. Without some selection and ordering, few if any of them would be satisfied, and we would be unable to live lives that are recognizably good at all. Moreover, we would be unable to function well as the autonomous beings that we are. Our practical task then is to form a coherent, stable, and attractive ordering of aims—to develop a conception of our good. (shrink)

In this paper I argue that to understand minded agency – the capacity we typically find instantiated in instances of human behaviour that could sensibly be questioned by asking “What did you do?” – one needs to understand childhood, i.e. the trajectory of learning to act. I discuss two different types of trajectory, both of which seem to take place during childhood and both of which might be considered crucial to learning to act: a growth of bodily control (GBC) and (...) a growth in taking responsibility (GTR). The discussion of GTR takes up about half of the entire paper. In the final two sections I argue that GTR is the most promising trajectory in terms of which to understand a child’s process of learning to act. (shrink)

This essay examines the citizen's apparent agelessness that is foundational to liberal democratic theories. By engaging the notion of citizenship rights, Lanoix challenges this assumed perpetual adulthood and argues for a new way of conceptualizing the citizen. The broader notion of citizen as cohabitant allows for the changing relationship a citizen will have with her citizenship rights and accommodates individuals who are not self-governing but who, nonetheless, share a democratic space.

Most theories of parenthood assume, at least implicitly, that a child will grow up to be an independent, autonomous adult. However, some children with cognitive limitations or psychiatric illness are unable to do so. For this reason, these accounts do not accommodate the circumstances and responsibilities of parents of such adult children. Our article attempts to correct this deficiency. In particular, we describe some of the common characteristics and experiences of this population of parents and children, examine the unique aspects (...) of their relationships, review several philosophical accounts of parental obligations, consider how these accounts might be extrapolated to semiautonomous adult children, and provide suggestions about parental obligations to promote autonomy and independence in adult children with cognitive limitations or psychiatric illness. In extending accounts of parental responsibilities to the case of semiautonomous adults, we find that the parental role includes the duty to continue to provide care—indefinitely if necessary—while cultivating autonomy and independence. (shrink)

According to rational will views of paternalism, the wrongmaking feature of paternalism is that paternalists disregard or fail to respect the rational will of the paternalized, in effect substituting their own presumably superior judgments about what ends the paternalized ought to pursue or how they ought to pursue them. Here I defend a version of the rational will view appealing to three rational powers that constitute rational agency, which I call recognition, discrimination, and satisfaction. By appealing to these powers, my (...) version of the rational will view can rank the wrongfulness of paternalistic acts in terms of the extent to which such acts (a) amount to supplanting the paternalized individual’s identity as a rational agent with that of the paternalist, and (b) the degree of mistrust the paternalistic act shows in the paternalized individual’s rational agency. My rational powers account thus provides a more complete account of why paternalism is a powerful, but not decisive or absolute, objection to an act or policy. My rational powers account also provides powerful explanations of why rational suasion deflects charges of paternalism; why consenting to intercessions in one’s rational agency negates paternalism; why we ordinarily believe that strong paternalism is more objectionable than weak paternalism; and why we ordinarily believe that hard paternalism is more objectionable than soft paternalism. (shrink)

Among philosophers, Simone de Beauvoir is unique in treating childhood as a philosophical phenomenon. In both The Ethics of Ambiguity and The Second Sex, she examines the relationship between childhood and human freedom and considers its role in the development of subjectivity. Despite this, few sustained analyses of her treatment of the phenomenon exist. I argue that Beauvoir's conception of childhood is not uniform, but changes from The Ethics of Ambiguity to The Second Sex. Whereas the former presents children as (...) lacking moral freedom, as not fully sovereign individuals, the latter suggests that children are just as free as adults. When children do not fully possess or exercise freedom, it is not because they are not in a position to do so, but rather because various social institutions hinder them. I find this position useful for developing a phenomenological account of childhood as a site for freedom. Hence, Beauvoir becomes a source for thinking of issues in philosophical anthropology concerning the temporality of human existence and the nature of human agency over a lifespan. (shrink)

Love, Friendship, and the Self presents a reexamination of our common understanding of ourselves as persons in light of the phenomena of love and friendship. It argues that the individualism that is implicit in that understanding cannot be sustained if we are to understand the kind of distinctively personal intimacy that love and friendship essentially involve. For love is a matter of identifying with someone: sharing for his sake the concerns and values that make up his identity as the person (...) he is. Moreover, in friendship the friends share not only a concern for each other but also their activity, their lives, and even potentially their selves. By providing a detailed analysis of these notions, Bennett Helm argues for an understanding of persons as essentially social. (shrink)

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 (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

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 (...) made exclusively dealing with children, the paper suggests that the perfectionist view of upbringing is compatible with anti-perfectionist restrictions on dealing with adults. This dual view combining perfectionism for children and anti-perfectionism for adults is referred to as restricted perfectionism. (shrink)

This paper is concerned with the practical importance of different forms of paternalism for educational theory and practice. Contrary to the traditional treatment of paternalism as a sometimes necessary and rather messy aspect of educational practices, I demonstrate that paternalism is to be regarded as an “indigenous concept” of educational theory and as the ‘indigenous model of justification’ that underlies the structure of educational practices. Based on an analysis of the intricate nexus between autonomy-oriented forms of paternalism and educational forms (...) of autonomy-based perfectionism I furthermore argue that a perfectionistically structured conception of autonomy provides a more adequate evaluative framework for justifying autonomy as an educational aim than alternative educational regimes of autonomy can deliver. Finally, I discuss some major theoretical problems of bridging the gap between general ethical principles and their application in practical fields. (shrink)

That we treat children differently from adults is clear. The attitude of increased paternalistic standards can be seen in a number of cases – be it the rights which children have in terms of medical treatment, decisions about their lives which are left up to parents or guardians, or the prohibition of certain activities before a certain age. However, we can only treat ‘children as children’ if we can prove that this stands in great enough distinction from the adult. Either (...) it can be shown that children are significantly unique (and certainly so in relation to adults) such that different treatment on this basis is justified, or, if it cannot be shown that children are different to adults or we cannot say who is and who is not a child, then the second conclusion must be that we cannot justify children as deserving of paternalistic treatment, and must either reject paternalistic intervention altogether, or else look for a new criteria upon which to base the application of these increased paternalistic standards. The second of these conclusions is that which I will defend in this paper, and will argue that we replace the notion of childhood with that of developed agency. (shrink)

This article discusses whether a child can and should be engaged as a co-researcher on moral and epistemological grounds. Selected research literature has been used to illustrate various approaches to the issue of children's participating as co-researchers in social research. By exploring the predicament of childhood and the meaning of the concept ‘research’, we attempt to clarify the necessary conditions for a person to qualify as a researcher and for an activity to qualify as research. We then look at the (...) extent to which the concept of ‘child’ fits within these frames. (shrink)

Though we cherish freedom and equality, there are human relations we commonly take to be morally permissible despite the fact that they essentially involve an inequality specifically of freedom, i.e., parental and fiduciary relations. In this article, I argue that the morality of these relations is best understood through a very old and dangerous concept, the concept of status. Despite their historic and continuing abuses, status relations are alive and well today, I argue, because some of them are necessary. We (...) must therefore carefully specify the conditions in which such status relations may morally obtain, as well as the duties of virtue and duties of right to which all parties are subject when it does (including a duty of care) to clearly articulate the ways in which these putatively moral status relations that essentially involve an asymmetry of autonomy (status relations) can go well or badly even within the context of the Kantian tradition from which our current legal and social practices arose. To this end, I offer Kant's own concept of status as a promising one because in Kant's theory, status is a nexus of virtue and right that is reducible to neither property nor contract but akin to each in familiar ways. Once status is admitted as an alternative to property and contract, status may be extended beyond Kant's domestic paradigm, most perspicuously to institutional ethics. In this article, I sketch a status-based theory of stakeholding that locates environmental impact, institutional oppression, and other significant features of our moral landscape within a Kantian framework of duties rich enough to more accurately characterize the complexities of stakeholding than current tradition has allowed. (shrink)

This essay discusses a foundation of the connection argued to exist between law and practical reason that has proved to be highly influential and debated in contemporary legal philosophy – Alexy’s. After reconstructing Alexy’s conception of practical reason as well as its foundation, I criticise the weak transcendental-pragmatic argument Alexy uses to ground the authority of practical reason. This argument, I argue, can only show why occasionally, as opposed to necessarily, we ought to follow the guidance of practical reason, and (...) consequently makes the authority of practical reason ultimately dependent on an individual decision. By building on this criticism, in the second part of the essay I introduce and discuss an alternative argument that, by appealing to the idea of constitutive necessity, can provide a non-contingent basis for the validity of practical reason. (shrink)

I distinguish between three different ideas that have been recently discussed under the heading of 'the intrinsic goods of childhood': that childhood is itself intrinsically valuable, that certain goods are valuable only for children, and that children are being owed other goods than adults. I then briefly defend the claim the childhood is intrinsically good. Most of the chapter is dedicated to the analysis, and rejection, of the claim that certain goods are valuable only for children. This has implications about (...) how a good society should trade off economic productivity on the one hand and goods such as play and unstructured time on the other hand. (shrink)

This paper addresses the issue of paternalism in child-rearing. Since the parent–child relationship seems to be the linguistic source of the concept, one may be tempted to assume that raising a child represents a particularly appropriate sphere for paternalism. The parent–child relationship is generally understood as a relationship that is supposed to promote the development and autonomy-formation of the child, so that the apparent source of the concept is a form of autonomy-oriented paternalism. Far from taking paternalism to be overtly (...) unproblematic in such paradigmatic, pedagogical settings, this article analyzes how an effort should be made to understand a child’s capacities and which standards parents should be held to when deciding whether interference truly serves the child’s interests. (shrink)

Ever since Kant asked: “How am I to develop the sense of freedom in spite of the restraint?” in his lecture on education, the tension between necessary educational influence and unacceptable restriction of the child’s individual development and freedom has been considered an educational paradox. Many have suggested solutions to the paradox; however, this article endorses recent discussions in educational philosophy that pursue the need to fundamentally rethink our understanding of education and upbringing. In this article it is argued that (...) it is incomprehensible to describe an intervention of an educator as a constraint on a child’s actions and that such an intervention would be in need of justification; as Kant and many others after him have done. Educational intervention should not be understood as a restriction of a child’s endeavour to learn, because any educational intervention is educational. Furthermore, it is argued that the notion of restraint is based on the concept of human beings as radically separated which lead to the assumption that education is restrictive per se. In contrast, this article argues that indoctrination, manipulation, and coercion are rather phenomena within our educational forms of life. Recognizing the interrelations between human beings should play a constitutive part in the conceptualisation of individual freedom. A bond with others is the foundation upon which a child develops its own identity and an understanding of itself as an agent who can express its own will and takes responsibility for its words and actions. (shrink)

In this article, I defend a meta-normative account of constitutivism by specifically addressing what I take to be a fundamental criticism of the constitutivist stance, namely, the objection that constitutive standards have conceptual, not normative, force, and so that no practical normativity can be extracted from them as constitutive of agency. In reply to this objection, I argue that the conceptual role of the standards constitutive of agency? their applying to us by virtue of our being the kinds of creatures (...) we are? does not exclude, but rather combines with, the normative role the same standards play in our practical life. (shrink)

This paper develops and explores the idea of moral entanglements: the ways in which, through innocent transactions with others, we can unintendedly accrue special obligations to them. More particularly, the paper explains intimacy-based moral entanglements, to which we become liable by accepting another's waiver of privacy rights. Sometimes, having entered into others' private affairs for innocent or even helpful reasons, one discovers needs of theirs that then become the focus of special duties of care. The general duty to warn them (...) of their need cannot directly account for the full extent of these duties, but does indicate why a silent retreat is impermissible. The special duties of care importantly rest on a transfer of responsibilities that accompanies the privacy waivers. The result is a special obligation of beneficence that, while grounded in a voluntary transaction, was never voluntarily undertaken. Impartialist views of beneficence cannot capture the relevant phenomena well. (shrink)

Up to a certain age, young people are denied the right to vote. In this paper, it is argued that this general exclusion from democratic participation is unjustified and should be abandoned. After a short survey of some of the pedagogic, legal, and political arguments that have been brought forward to support a liberalisation of electoral law in favour of children, the essay presents a basic moral argument against any age limit with respect to voting rights. First of all, it (...) is argued that the right to vote is grounded in a fundamental claim of human beings to equal participation and, therefore, can be denied only for severe and cogent reasons. Subsequently, the essay purports to establish – and defends against objections – that there are no such reasons that sufficiently justify an age limit. The paper concludes with some remarks on practical consequences of the argument. (shrink)

I examine the familiar criterial view of personhood, according to which the possession of personal properties such as self-consciousness, emotionality, sentience, and so forth is necessary and sufficient for the status of a person. I argue that this view confuses criteria for personhood with parts of an ideal of personhood. In normal cases, we have already identified a creature as a person before we start looking for it to manifest the personal properties, indeed this pre-identification is part of what makes (...) it possible for us to see and interpret the creature as a person in the first place. This pre-identification is typically based on biological features. Except in some interesting special or science-fiction cases, some of which I discuss, it is human animals that we identify as persons. (shrink)

With the publication of A Theory of Justice in 1971, John Rawls not only rejuvenated contemporary political philosophy but also defended a Kantian form of Enlightenment liberalism called “justice as fairness.” Enlightenment liberalism stresses the development and exercise of our capacity for autonomy, while Reformation liberalism emphasizes diversity and the toleration that encourages it. These two strands of liberalism are often mutually supporting, but they conflict in a surprising number of cases, whether over the accommodation of group difference, the design (...) of civic education, or the promotion of liberal values internationally. During the 1980’s, however, Rawls began to jettison key Kantian characteristics of his theory, a process culminating in the 1993 release of Political Liberalism and completing the transformation of justice as fairness into a Reformation liberalism. -/- Reconstructing Rawls argues that this transformation was a tragic mistake because it jeopardized the most important features of his theory, viz. the lexical priorities of right, liberty, and fair equality of opportunity as well as the difference principle. Controversially, this book contends that Rawls’s so-called “political turn,” motivated by a newfound interest in diversity and the accommodation of difference, has been unhealthy for autonomy-based liberalism and has pushed liberalism more broadly towards cultural relativism, be it in the guise of liberal multiculturalism or critiques of cosmopolitan distributive-justice theories. The book then demonstrates that the central elements of justice as fairness can only be defended within the context of a Kantian Enlightenment liberalism and that Rawls’s hope for a more pluralistic grounding for his theory, endorsed by a wide variety of belief systems present in modern democratic societies, is illusory. -/- Reconstructing Rawls is the first book to systematically compare Rawls’s and Kant’s theories and the first to offer an internal critique and reconstruction of justice as fairness, reconceiving it as a comprehensive, universalistic Kantian liberalism. By doing so, it gives us both the vision of a liberal world order—“a republicanism of all states, together and separately,” as Kant put it—and a mode of justification addressed to all men and women, not as members of particular nations, races, and faiths, but as human beings, as citizens of the world. In short, it reclaims Rawls for the Enlightenment. (shrink)

It is commonly assumed that to educate means to control or guide a person’s acting and development. On the other hand, it is often presupposed that the addressees of education must be seen as being endowed with free will. The question raised in this paper is whether these two assumptions are compatible. It might seem that if the learner is free in her will, she cannot be educated; however, if she is successfully educated, then it is doubtful whether she can (...) be seen as free. Inspired by the current philosophical debate on the compatibility of free will and determinism, this paper spells out two versions of this dilemma. The first version relies on the idea that to be free means being the causal source of one’s actions. The second formulation refers to the notion of freedom as the ability to act otherwise than the way one actually acts. The solution to the dilemma that is developed in this paper, however, uses a third concept of free will—to be free means being able to act on reasons. (shrink)

Constitutivism argues that the source of the categorical force of the norms of rationality and morality lies in the constitutive features of agency. A systematic failure to be guided by these norms would amount to a loss or lack of agency. Since we cannot but be agents, we cannot but be unconditionally guided by these norms. The constitutivist strategy has been challenged by David Enoch. He argues that our participation in agency is optional and thus cannot be a source of (...) categorical demands. In this paper, I defend the viability of constitutivism by showing that agency is indeed a special ‘inescapable’ enterprise. Agency has the largest jurisdiction, and it is closed under rational assessment. This inescapability does not exempt constitutivism from raising the question whether agents have reason to be agents, but this question has to be taken up within agency. If this question is answered affirmatively, then—I argue—the criteria of practical correctness are self-ratifying in a non-circular way. This is sufficient to show the viability of the constitutivist strategy. Whether agents have conclusive reasons to be agents, however, is a matter to be addressed in the terms of particular versions of constitutivism. (shrink)

In this open access book, Timothy Aylsworth and Clinton Castro draw on the deep well of Kantian ethics to argue that we have moral duties, both to ourselves and to others, to protect our autonomy from the threat posed by the problematic use of technology. The problematic use of technologies like smartphones threatens our autonomy in a variety of ways, and critics have only begun to appreciate the vast scope of this problem. In the last decade, we have seen a (...) flurry of books making “self-help” arguments about how we could live happier, more fulfilling lives if we were less addicted to our phones. But none of these authors see this issue as one involving a moral duty to protect our autonomy. (shrink)

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 (...) being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (shrink)

Large Language Models (LLMs) like ChatGPT were trained on human conversation, but in the future they will also train us. As chatbots speak from our smartphones and customer service helplines, they will become a part of everyday life and a growing share of all the conversations we ever have. It’s hard to doubt this will have some effect on us. Here I explore a specific concern about the impact of artificial conversation on our capacity to deliberate and hold ourselves accountable (...) to reason – that is, to be autonomous, in Kant’s sense of the term. I develop ideas from psychologist Jean Piaget to show how chatbots are autonomy traps: their deference to our commands tempts us into venting authoritarian whims, ultimately weakening our own self-control. I argue that the Kantian tradition, including Piaget and sociologist Emile Durkheim, offers powerful conceptual resources for resisting this slide. But it will require us to do something that may seem bizarre: we will need to treat mindless chatbots as if they are autonomous persons too. (shrink)

In this paper, I address human-induced environmental ills we face using an ubuntu-inspired ethical lens. I follow ubuntu scholars to stress the significance for moral agents to embody virtues. Virtue development is essential to carry out obligations and address human impacts on the environment. Thaddeus Metz, in particular, has drawn attention to how embodying ubuntu virtues of humility and friendliness can prompt moral agents to be other-regarding. The view I developed in this paper differs from his ubuntu-inspired account in at (...) least two significant ways. First, humans cannot be in harmonious relationships with some species such as Black Mambas, Hyenas and sea urchins even if they can interact. Second, we must acknowledge the consequentialist dimension of ubuntu ethics and prioritise the different aspects of ubuntu ‘mixed’ ethics, ranking them to offer possibilities for a more realistic recommendation to change our moral life. This paper demonstrates that the three dimensions of ubuntu ‘mixed’ ethics are fundamental because we need to think about moral consequences, right action and our virtue in accounting for our actions. (shrink)

Organized youth sport has become a prominent activity in Western societies, one around which myriad families structure their daily lives. Despite its popularity, or rather because of it, youth sport is besotted with complex problems. One distinctive set of problems pertains to children’s opportunities to benefit from engagement in sport. Such problems require a reflection on the conditions of justice. The goal of this paper is to explore ethical guidelines to make youth sport more just. The paper begins by characterizing (...) childhood, youth, and youth sport. Then, it articulates considerations of justice in youth sport. Together, these sections provide a basis to formulate the general features of a just youth sport. What emerges is a vision of youth sport that the adults involved in it should emphasize and implement if their young charges, and youth sport, are to flourish, as well as a novel approach to formulating and justifying normative criteria to make youth sport more just. (shrink)

I explore the idea that the state should love its citizens. It should not be indifferent towards them. Nor should it merely respect them. It should love them. We begin by looking at the bases of this idea. First, it can be grounded by a concern with state subordination. The state has enormous power over its citizens. This threatens them with subordination. Love ameliorates this threat. Second, it can be grounded by the state's lack of moral status. We all have (...) reason to love everyone. But we beings with moral status have an excuse for not loving everyone: we have our own lives to lead. The state has no such excuse. So, the state should love everyone. We then explore the nature of the loving state. I argue that the loving state is a liberal state. It won't interfere in its citizens' personal spheres. It is a democratic state. It will adopt its citizens' ends as its own. It is a welfare state. It will be devoted to its citizens' well-being. And it is an egalitarian state. It will treat all its citizens equally. This constitutes a powerful third argument, an abductive argument, for the ideal of the loving state. (shrink)

The question of the basis of human equality has recently gained increasing attention. However, much of the literature has focused on whether persons—understood as fully competent adults—have equal moral status, while relatively less attention has been devoted to the analysis of what grounds the equal moral status of those human beings who are not fully competent adults. This paper contributes to this debate by addressing the question of the equality of moral status between adults and children. Specifically, this paper has (...) three aims. First, it provides a conceptual map of this complex issue. Second, it argues that the challenges that have been raised against standard accounts of persons’ equal moral status are even more forceful when applied to the question of adults and children’s moral equality. Finally, it examines what a commitment to adults and children’s moral _inequality_ entails and what it does not, thereby showing that the justificatory role of the principle of moral equality is not as far-reaching as commonly assumed. (shrink)

This article provides a philosophical analysis of a putative right of the child to have their expressed views considered in matters that affect them. Article 12 of the United Nations Convention on the Rights of the Child 1989 is an influential and interesting statement of that right. The article shows that the child’s ‘right to a voice’ is complex. Its complexity lies in the problem of contrasting an adult’s normative power of choice with a child’s weighted views, in the various (...) senses in which we might consider the child’s views, and in the questions of how to weight those views and how their weighting makes a practical difference in coming to a decision. In so doing we criticise other accounts that simply regard a child’s views as having consultative value. We also make better sense of how we might weight a child’s views. The philosophical issues addressed in the article carry implications for how we might understand Article 12 that are not satisfactorily identified and addressed in the voluminous literature on Article 12 within childhood studies. These issues also have implications for how we might understand the distinction between adults and children in respect of powers of personal choice. We conclude by emphasising the importance and value of the right that Article 12 seeks to formally identify. (shrink)

Adolescents are routinely treated differently to adults, even when they possess similar capacities. In this article, we explore the justification for one case of differential treatment of adolescents. We attempt to make philosophical sense of the concurrent consents doctrine in law: adolescents found to have decision-making capacity have the power to consent to—and thereby, all else being equal, permit—their own medical treatment, but they lack the power always to refuse treatment and so render it impermissible. Other parties, that is, individuals (...) who exercise parental responsibility or a court, retain the authority to consent on an adolescent’s behalf. We explore four defences of the doctrine. We reject two attempts to defend the asymmetry in the power to consent to and refuse medical treatment by reference to transitional paternalism. We then consider and reject a stage of life justification. Finally, we articulate a justification based on the distinctiveness of adolescent well-being. (shrink)

In philosophy, there are two competitor views about the nature and value of childhood: The first is the traditional, deficiency, view, according to which children are mere unfinished adults. The second is a view that has recently become increasingly popular amongst philosophers, and according to which children, perhaps in virtue of their biological features, have special and valuable capacities, and, more generally, privileged access to some sources of value. This article provides a conceptual map of these views and their possible (...) interpretations, and notes their bearing on issues of population ethics and on the duties that we are owed during childhood. (shrink)

In this paper I provide a forward-looking account of the difference between the responsibility of children and the responsibility of adults. I do so by means of criticizing agency-cultivation accounts of responsibility. According to these accounts, the justification for holding a person to a norm is the cultivation of their moral agency, and children are, just like adults, considered responsible to the extent that they can have their moral agency cultivated in this manner. Like many forward-looking accounts, these accounts claim (...) that the purpose of holding adults to norms is similar to the purpose of holding children to norms. I argue that the justifications for holding adults to norms are different because of the particular ways in which adults can be in moral disagreement with one another, and the consequences that this has. Moral disagreement is relevant to consequentialist accounts because it impacts on whether and how we can secure beneficial outcomes via holding someone to a norm. One of the upshots of this analysis is that the forward-looking justification for holding adults to norms is qualitatively different from how and why we should hold children to norms. (shrink)

When mature minors face a decision with important consequences, such as whether to undergo a risky but potentially life-saving medical procedure, who should decide? Relying on liberal political theory’s account of the importance of decisional autonomy for adults, and given the scalar nature of the capacities needed to exercise decisional autonomy, I argue that mature minors with the requisite capacities and commitments have a right to decisional autonomy though they are not yet 18. I argue for this right using a (...) ‘balancing of interest’ account of rights: the interest mature minors have in decisional autonomy outweighs their parents’ interest in shaping their children as a means of ‘creative self-extension’. But I propose two limitations on this right: requests for waivers of the rule that one must be at least 18 to decide cannot be so numerous as to make adjudication impractical; and though a competent adult’s voluntary decision to refuse medical treatment should generally be respected, the state may reject a mature minor’s decision upon review by an indifferent judge of the minor’s capacities and reasons. The judge reviews not the substantive merits or prudence of the decision, but whether the decision promotes the interest in decisional autonomy, by asking among other things whether the decision is the minor’s own, is tethered to core commitments rather than based on arbitrary preferences, and could be regarded as reasonable to the minor’s ‘future self’. (shrink)

While the substantiation of “best interests” has received much attention, the question of how “the child” is conceptualised to ensure any action taken or decision made is in the particular child’s best interests has been largely neglected. In this paper, I argue that the lack of robust understanding of who “the child” is means that we continue to make many generalisations and category-based assumptions in determining the child’s best interests. In addressing the challenge of doing right by the individual child, (...) I propose a three-step approach based on a theoretical model of the child that avoids presumptions about child-typical needs and insists on an assessment of the child’s individual characteristics, needs, qualities, and circumstances, making it the only conceptualisation fully meeting the child centrism criterion required by children’s rights as determined by the United Nations Convention on the Rights of the Child. (shrink)

In this article I discuss David Shoemaker’s recently published piece “Responsibility: The State of the Question. Fault Lines in the Foundations.” While agreeing with Shoemaker on many points, I argue for a more unified diagnosis of the seemingly intractable debates that plague (what I call) “responsibility studies.” I claim that, of the five fault lines Shoemaker identifies, the most basic one is about the role that the notion of deserved harm should play in the theory of moral responsibility. I argue (...) that the deep divide between those theorists who affirm and those who deny that moral responsibility is essentially about the justification of desert thus understood can be traced to the disagreement about whether the focus on the reactive attitudes by itself entails that moral responsibility has nothing to do with traditional questions about desert and free will. I then show that the seeming intractableness of the other four fault lines Shoemaker identifies is expectable and explicable in light of this more basic disagreement. After this diagnostic work, I conclude by suggesting a solution to the “morass” that has taken over responsibility studies: theorists working in the field should acknowledge that it has effectively bifurcated into two discrete subareas, which I suggest calling “retribution studies” and “interpersonal studies.” -/- . (shrink)

Children of prisoners are often negatively affected by their parents’ incarceration, which raises issues of justice. A common view is that the many negative effects associated with parental imprisonment are unjust, simply because children of prisoners are impermissibly harmed or unjustly punished by their parents’ incarceration. We argue that proposals of this kind have problems with accounting for cases where it is intuitive that prison might create social injustices for children of prisoners. Therefore, we suggest that in addition to the (...) question of whether children of prisoners are impermissibly harmed, we should ask whether the inequalities that these children endure because of their parent’s incarceration are objectionable from a social justice perspective. To answer this latter question, we examine the negative effects associated with parental imprisonment from the perspective of luck egalitarianism. We develop a luck egalitarian account that incorporates insights from the philosophy of childhood. On our account, children of prisoners might endure two different types of objectionable inequalities, since they are often deprived of resources that are important for ensuring fair equality of opportunity in adulthood, but also because they are likely to suffer inequalities in terms of childhood welfare. After defending this account, we explore its implications for policy. (shrink)

Analytic Philosophy, Volume 63, Issue 2, Page 73-89, June 2022.

Is moral responsibility compatible with determinism? Peter Strawson’s first answer is: I do not know what the thesis of determinism is. His second answer seems to be: Yes, it is, and we can see this by looking to relevant pockets of our ordinary practices and attitudes, especially our responses (resentment, anger, love, forgiveness) to quality of will. His second answer has shaped subsequent discussions of moral responsibility. But what exactly is Strawson’s compatibilism? And is it a plausible view? By attending (...) to Strawson’s account of parenting and the development of moral agents from children to adults, I’ll clarify and defend the following account: For Strawson, the appropriateness conditions for holding responsible change by degrees, over time, based on an agent’s susceptibility to empathy and quality of will, and this shows us that determinism is irrelevant to responsibility. (shrink)

The traditional liberal view on conflicts between care for wellbeing and respect for choice and desire is that we should look to degrees of competence and voluntariness to determine which moral imperative should take priority. This view has likely influenced the common view that children’s choices should be considered only to the extent that this promotes their future autonomy and helps us determine their best interests. I reject both the general traditional liberal view and its application to children. Competence and (...) voluntariness, as well as maturity, are at best proxies for what really matters, which is wellbeing, choice and desire. We typically have reason to respect children’s choices, irrespective of any further positive consequences. If we should more often make children do what they do not want to do, this is mainly because, though we should care about respecting their choices, we should care even more about their wellbeing and future autonomy. (shrink)

Progressive family policy regimes typically aim to promote and protect women’s opportunities to participate in the workforce. These policies offer significant benefits to affluent, two-parent households. A disproportionate number of low-income and impoverished families, however, are headed by single mothers. How responsive are such policies to the objectives of these mothers and the needs of their children? This chapter argues that one-size-fits-all family policy regimes often fail the most vulnerable household and contribute to intergenerational poverty in two ways: by denying (...) at-risk children adequate parenting, and by undermining their mothers’ legitimate interest in nurturing and caring for their own children. The capabilities of these mothers and the well-being of their children are better served by policies which recognise maternal caregiving as a productive and valuable occupation meriting equal respect and social support. (shrink)

In this paper, we draw attention to several important tensions between Kant’s account of moral education and his commitment to transcendental idealism. Our main claim is that, in locating freedom outside of space and time, transcendental idealism makes it difficult for Kant to both provide an explanation of how moral education occurs, but also to confirm that his own account actually works. Having laid out these problems, we then offer a response on Kant’s behalf. We argue that, while it might (...) look like Kant has to abandon his commitment to either moral education or transcendental idealism, there is a way in which he can maintain both. (shrink)