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Deflating Parental Rights

Law and Philosophy 40 (4):387-418 (2021)

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  1. How Procreation Generates Parental Rights and Obligations.Michael Cholbi - 2016 - In Jaime Ahlberg & Michael Cholbi (eds.), Procreation, Parenthood, and Educational Rights: Ethical and Philosophical Issues. Routledge.
    Philosophical defenses of parents’ rights typically appeal to the interests of parents, the interests of children, or some combination of these. Here I propose that at least in the case of biological, non-adoptive parents, these rights have a different normative basis: namely, these rights should be accorded to biological parents because of the compensatory duties such parents owe their children by virtue of having brought them into existence. Inspried by Seana Shiffrin, I argue that procreation inevitably encumbers the wills of (...)
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  • The Right to Parent One's Biological Baby.Anca Gheaus - 2011 - Journal of Political Philosophy 20 (4):432-455.
    This paper provides an answer to the question why birth parents have a moral right to keep and raise their biological babies. I start with a critical discussion of the parent-centred model of justifying parents’ rights, recently proposed by Harry Brighouse and Adam Swift. Their account successfully defends a fundamental moral right to parent in general but, because it does not provide an account of how individuals acquire the right to parent a particular baby, it is insufficient for addressing the (...)
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  • Some Doubts about Alternatives to the Interest Theory of Rights.Matthew H. Kramer - 2013 - Ethics 123 (2):245-263.
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