Scholars have extensively debated the family’s place within liberalism, generally, and specific attention and critique has been given to the family in Rawls’ work. What has received less focus are the requirements of parents in a Rawlsian polity and, further, what those requirements might imply for the one case where states explicitly regulate the process of becoming parents: adoption. This paper seeks to discover what might be required of parents, adoptive or otherwise, in a Rawlsian social contract state. Second, it (...) considers adoptive parent selection in light of these requirements as well as Rawls’ arguments regarding merit and fair equality of opportunity. Finally, it considers what such a merit-based selection of adoptive parents implies for the disputed rights of same-sex couples to adopt children. Further, because the question of merit in this case will hinge upon what it means to be a “fit parent,” it also draws upon relevant empirical social science studies regarding gay and lesbian parents. The paper, then, evaluates both the theoretical and empirical validity of generalized claims that same-sex couples are less fit to be parents than are heterosexual couples. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution’s justification is grounded, at least in part, in the non-instrumental value of the parent-child relationship itself. Such views face the challenge of identifying a specific good in the parent-child relationship that can account for how adults acquire parental rights over a particular child—as opposed to general parental rights, which need not warrant a claim to parent one’s biological progeny. (...) I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, although we also touch on other (...) forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

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 (...) negative externalities of others’ choices to have children. This article examines closely the Parental Provision view and argues that various possible justifications for it are unsuccessful. In so doing, it brings to light respects in which the choice to have and rear children is special and may not be treated as being on a par with other choices for which we think people should be held responsible. (shrink)

The institution of the family and its importance have recently received considerable attention from political theorists. Leading views maintain that the institution's justification is grounded, at least in part, in the non-instrumental value of the parent–child relationship itself. Such views face the challenge of identifying a specific good in the parent–child relationship that can account for how adults acquire parental rights over a particular child – as opposed to general parental rights, which need not warrant a claim to parent one's (...) biological progeny. I develop a view that meets this challenge. This Project View identifies the pursuit of a parental project as a distinctive non-instrumentally valuable good that provides a justification for the family and whose pursuit is necessary and sufficient for the acquisition of parental rights. This view grounds moral parenthood in a normative relation as opposed to a biological one, supports polyadic forms of parenting, and provides plausible guidance in cases of assisted reproduction. (shrink)

In diesem Beitrag argumentiere ich, dass die Ermöglichung von Vereinbarkeit zwischen Erwerbsarbeit und Familienleben ein Erfordernis der Gerechtigkeit bildet. Eltern besitzen einen Anspruch auf Vereinbarkeit, der auf zwei Interessen gründet: Dem Interesse am Zugang zur Erwerbstätigkeit und dem Interesse an der Pflege der Eltern-Kind-Beziehung, durch die besondere Güter realisiert werden. Eine staatliche Politik der Vereinbarkeit lässt sich auch gegenüber denjenigen Gruppen rechtfertigen, die kein besonderes Interesse daran haben – gegenüber Erwachsenen, die keine Kinder haben, und gegenüber Eltern, die ein ‚Ernährermodell‘ (...) mit einer klaren Aufgabenteilung zwischen den Partnern bevorzugen. Eine entsprechende Politik muss allerdings die Dimension des Geschlechts beachten, um nicht zu einer Verschärfung der geschlechtsspezifischen Arbeitsteilung zu führen. (shrink)

Are private citizens ever morally permitted to abduct children and keep them in their custody, to protect them from their severely abusive or neglectful parents? Should private citizens face legal penalties for abducting children and keeping them in their custody, to protect them from their severely abusive or neglectful parents? In this essay, I offer arguments that support an affirmative answer to the first question and a negative answer to the second. Ultimately, I come out supporting a legal regime that (...) keeps what I call defensive kidnapping illegal, but in which public officials may use discretion when enforcing laws that criminalize kidnapping. Under such a regime, children who were severely abused or neglected by their parents but saved by a loving, capable private citizen would be spared from admission into the precarity of the child welfare system. (shrink)