Children are often denied rights on the basis of their incompetence. A theory of rights for children is essential for consideration of the child's political status, yet the debate surrounding children's rights has been characterised by the divisive concept of ‘capacity’ typified in the two leading rights theory, Interest Theory and Will Theory. This article will provide a thorough analysis of the relationship between capacity, competence and rights. Although Interest Theory has successfully dealt with the competence requirement for being a (...) right-holder, the competence requirement still holds for the type of rights a child holds. Children's interests are determined sufficiently strong to found a right when the claim-holder has the competence to realise the benefit to which that interest pertains. This allows us to recognise children as right-holders while constraining the types of rights they hold according to their developing competencies. (shrink)

In Republic VII Plato has Socrates make a curious argument: dialectic as currently practiced causes lawlessness, and thus the practice of dialectic should be restricted to those of a certain age who have been properly trained and selected (537e-539e). I argue that the warning in Republic VII points to a disagreement between the views expressed by the character `Socrates' in the Republic, and the views expressed by the character `Socrates' in the Apology. I do so by showing that Republic's description (...) of the problem as well as Plato's prescriptions for solving it can only be understood under the assumption that `dialectic' in this passage refers to questioning or refutation in general, and as such must include Socratic practices within its scope. This disagreement represents a more general disagreement about the path to the good life and the role of philosophy in living life well, and raises questions concerning Plato's opinion of the trial of Socrates. (shrink)