Mary Midgley asserts that my argument concerning the problem of child-abuse was inappropriately framed in the language of rights, and neglected certain pertinent natural facts. I defend the view that the use of rights-talk was both apposite and did not misrepresent the moral problem in question. I assess the status and character of the natural facts Midgley adduces in criticism of my case, concluding that they do not obviously establish the conclusions she believes they do. Finally I briefly respond to (...) the charge that my suggestions were illiberal. (shrink)

In contemporary Western society, people are more often called upon to justify the choice not to have children than they are to supply reasons for having them. In this book, Christine Overall maintains that the burden of proof should be reversed: that the choice to have children calls for more careful justification and reasoning than the choice not to. Arguing that the choice to have children is not just a prudential or pragmatic decision but one with ethical repercussions, Overall offers (...) a wide-ranging exploration of how we might think systematically and deeply about this fundamental aspect of human life. Writing from a feminist perspective, she also acknowledges the inevitably gendered nature of the decision; the choice has different meanings, implications, and risks for women than it has for men. After considering a series of ethical approaches to procreation, and finding them inadequate or incomplete, Overall offers instead a novel argument. Exploring the nature of the biological parent-child relationship -- which is not only genetic but also psychological, physical, intellectual, and moral -- she argues that the formation of that relationship is the best possible reason for choosing to have a child. (shrink)

S. Matthew Liao argues here that children have a right to be loved. To do so he investigates questions such as whether children are rightholders; what grounds a child's right to beloved; whether love is an appropriate object of a right; and other philosophical and practical issues. His proposal is that all human beings have rights to the fundamental conditions for pursuing a good life; therefore, as human beings, children have human rights to the fundamental conditions for pursuing a good (...) life. Since being loved is one of those fundamental conditions, children thus have a right to be loved. Liao shows that this claim need not be merely empty rhetoric, and that the arguments for this right can hang together as a coherent whole. This is the first book to make a sustained philosophical case for the right of children to be loved. It makes a unique contribution to the fast-growing literature on family ethics, in particular, on children's rights and parental rights and responsibilities, and to the emerging field of the philosophy of human rights. (shrink)

The family is hotly contested ideological terrain. Some defend the traditional two-parent heterosexual family while others welcome its demise. Opinions vary about how much control parents should have over their children's upbringing. Family Values provides a major new theoretical account of the morality and politics of the family, telling us why the family is valuable, who has the right to parent, and what rights parents should—and should not—have over their children. Harry Brighouse and Adam Swift argue that parent-child relationships produce (...) the "familial relationship goods" that people need to flourish. Children's healthy development depends on intimate relationships with authoritative adults, while the distinctive joys and challenges of parenting are part of a fulfilling life for adults. Yet the relationships that make these goods possible have little to do with biology, and do not require the extensive rights that parents currently enjoy. Challenging some of our most commonly held beliefs about the family, Brighouse and Swift explain why a child's interest in autonomy severely limits parents' right to shape their children's values, and why parents have no fundamental right to confer wealth or advantage on their children. Family Values reaffirms the vital importance of the family as a social institution while challenging its role in the reproduction of social inequality and carefully balancing the interests of parents and children. (shrink)

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Steiner’s book is an engaging and challenging romp through important issues in rights theory, moral and economic reasoning, theories of freedom, and questions of justice. An Essay on Rights develops and connects themes pursued by Steiner in a series of articles written over the past two decades.

What is it that makes someone a parent? Many writers – call them ‘monists’– claim that parenthood is grounded solely in one essential feature that is both necessary and sufficient for someone's being a parent. We reject not only monism but also ‘necessity’ views, in which some specific feature is necessary but not also sufficient for parenthood. Our argument supports what we call ‘pluralism’, the view that any one of several kinds of relationship is sufficient for parenthood. We begin by (...) challenging monistic versions of gestationalism, the view that gestation uniquely grounds parenthood. Monistic and necessity gestationalism are implausible. First, we raise the ‘paternity problem’– necessity gestationalists lack an adequate account of how men become fathers. Second, the positive arguments that necessity gestationalists give are not compelling. However, although gestation may not be a necessary condition for parenthood, there is good reason to think that it is sufficient. After further rebutting an ‘intentionalist’ account of parenthood, in which having and acting on intentions to procreate and rear is necessary for parenthood, we end by sketching a pluralist picture of the nature of parenthood, rooted in causation, on which gestation, direct genetic derivation, extended custody, and even, sometimes, intentions, may be individually sufficient for parenthood. (shrink)

Provides a philosophical analysis of the numerous and distinct conceptions of parenthood. This work considers such issues as the nature and justification of parental rights, the sources of parental obligations, the value of autonomy, and the moral obligations and tensions present within interpersonal relationships.

What grounds human rights? How do we determine that something is a genuine human right? This chapter offers a new answer: human beings have human rights to the fundamental conditions for pursuing a good life. The fundamental conditions for pursuing a good life are certain goods, capacities, and options that human beings qua human beings need whatever else they qua individuals might need in order to pursue a characteristically good human life. This chapter explains how this Fundamental Conditions Approach is (...) better than James Griffin’s Agency Approach as well as Martha Nussbaum’s Central Capabilities Approach. It also shows how it can be compatible with the increasingly popular Political Conceptions of human rights defended by John Rawls, Charles Beitz, and Joseph Raz. (shrink)

Abstract I argue that meaning in life is importantly influenced by bioloical ties. More specifically, I maintain that knowing one's relatives and especially one's parents provides a kind of self-knowledge that is of irreplaceable value in the life-task of identity formation. These claims lead me to the conclusion that it is immoral to create children with the intention that they be alienated from their bioloical relatives?for example, by donor conception.

I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and duties.

It is now medically possible for a baby to have two biological mothers. A fertilized ovum from one woman can be implanted into a second woman for gestation in her uterus. In fact, there have been several such cases. The ova donor is the mother in the genetic sense: her genetic material,along with that of the sperm donor,appears in the developing baby. The uterine hostess is the birth mother: she gestates the fetus and gives birth to it. In essence, the (...) two female reproductive functions, genetic and gestational, can be and have been divided from each other. Our current conception of biological maternity has lagged behind these technological marvels and still assumes that both functions will be performed by the same woman. At a time when two "biological mothers" can and do make claims for the same child,each on the ground that she is the "true mother", it is crucial to examine our concepts of biological maternity and their relation to our social policies about maternity in these cases. In this paper I will argue that the best social and legal policy would involve a prima facie preference for the claims of the gestational mother over the claims of the genetic mother for custody of the child in a contest (if there is no question of parental unfitness on either side). That is, in any dispute, presumption should be in favor of the gestational mother. This argument is made independent of considerations about pre-birth and pre-conception contracts, because the issues raised about the roles of gestational and genetic maternity are substantial in themselves and have obvious implications about the acceptability of such contracts.Rather, I argue that a revision of our concept of biological maternity which emphasizes the importance of gestation and which would prefer the claims of the gestational over the genetic mother would have positive benefits for both women and newborns. (shrink)

This book addresses the perennial question: What is justice?

At what age should children acquire adult rights? To what extent are parents morally permitted to shape the beliefs of their children? How should childbearing rights and resources be distributed? Matthew Clayton provides a controversial set of answers to these and related issues in this pivotal new work.

A comprehensive study of the ethics of killing in cases in which the metaphysical or moral status of the individual killed is uncertain or controversial. Among those beings whose status is questionable or marginal in this way are human embryos and fetuses, newborn infants, animals, anencephalic infants, human beings with severe congenital and cognitive impairments, and human beings who have become severely demented or irreversibly comatose. In an effort to understand the moral status of these beings, this book develops and (...) defends distinctive accounts of the nature of personal identity, the evaluation of death, and the wrongness of killing. The central metaphysical claim of the book is that we are neither nonmaterial souls nor human organisms but are instead embodied minds. In ethical theory, one of the central claims is that the morality of killing is not unitary; rather, the principles that determine the morality of killing in marginal cases are different from those that govern the killing of persons who are self‐conscious and rational. Another important theme is that killing in marginal cases should be evaluated in terms of the impact it would have on the victim at the time rather than on the value of the victim's life as a whole. What primarily matters is how killing would affect that which would be rational for the victim to care about at the time of death. By appealing to various foundational claims about identity, death, and the morality of killing, this book yields novel conclusions about such issues as abortion, prenatal injury, infanticide, the killing of animals, the significance of brain death, the termination of life support in cases of persistent vegetative state, the use of anencephalic infants as sources of organs for transplantation, euthanasia, assisted suicide, and advance directives in cases of dementia. In particular, the book defends the moral permissibility of abortion, infanticide, and euthanasia in certain cases and argues that brain death is not the appropriate criterion of death either for a person or a human organism. (shrink)

In this paper I explore the question of whether gestation can ground parental rights. I consider Anca Gheaus’s claim that the labour and bonding of gestation give one the right to parent one’s biological child. I argue that, while Gheaus’s gestational account of parental rights is the most successful of such accounts in the literature, it is ultimately unsuccessful, because the concept ‘maternal-fetal bonding’ does not stand up to scrutiny. Gheaus argues that the labour expended in gestation generates parental rights. (...) This is a standard, Lockean sort of a move in parental ethics—it usually relies on the claim that I have proprietary rights over the products of my labour. However, Gheaus argues that a standard labour account of parental rights could not generate parental rights over one’s own birth child via gestation without ownership, since the labour would merely afford one a right to enjoy the goods of parenthood. At best, then, labour alone would generate a right to a child. But, Gheaus argues, not only do gestational mothers expend labour in the course of the pregnancy; they also develop emotional ties to the fetus. They ‘bond’ with it. This, Gheaus argues, coupled with labour, gives the birth mother parental rights over her birth child. Fathers, on her account, acquire rights over their birth child by contributing labour—in the form of antenatal support—during the course of the pregnancy. I argue that because ‘bonding’ is not an appropriately morally salient phenomenon, Gheaus’s account does not work unless it relies on a proprietary claim, and this is prima facie reason to reject the account. Further, the fact that it only confers parental rights on fathers by proxy also gives us reason to reject the account. I then offer a brief sketch of a more promising, positive account of parental rights. (shrink)

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 (...) question whether and why there is a right to parent one’s biological child. Such a right is important because, in its absence, fairness towards adequate prospective parents who are involuntarily childless would demand a ‘babies redistribution’; moreover, in societies with entrenched histories of injustice there may be reasons of fairness for shuffling babies amongst all recent parents. I supplement the Brighouse-Swift account of fundamental parental rights by an account of how adequate parents acquire the right to parent their biological babies. I advance two arguments to this conclusion: by the time of birth, the birth parents will have already shouldered various burdens in order to bring children into existence, and are likely to have formed an intimate relationship with the future baby. Denying birth parents who would make at least adequate parents the right to keep their baby would be unfair to them and would destroy already formed parent-baby relationships which, I assume, are intrinsically valuable. (shrink)

Although systems for licensing professionals are far from perfect, and their problems and costs should not be ignored, they are justified as a necessary means of protecting innocent people's vital interests. Licensing defends patients from inept doctors, pharmacists, and physical therapists; it protects clients from unqualified lawyers. We should protect people who are highly vulnerable to those who are supposed to serve them, those with whom they have a special relationship. Requiring professionals to be licensed is the most plausible way (...) of doing that. Given the overwhelming support for the licensing of these professionals, I find it odd that so many people categorically reject proposals to license parents. Although the relationship between a parent and her children is different in some respects, it is also relevantly similar to that between a professional and those she serves. To defend these claims, I show how and why the rationale for licensing parents parallels the rational for licensing professionals. I then ask whether such a program could be justifiably implemented. Finally, I describe and reject what I see as the flawed view of the relationship between parents and their children. (shrink)

What exactly is it that makes someone a parent? Many people hold that parenthood is grounded, in the first instance, in the natural derivation of one person's genetic constitution from the genetic constitutions of others. We refer to this view as "Geneticism". In Part I we distinguish three forms of geneticism on the basis of whether they hold that direct genetic derivation is sufficient, necessary, or both sufficient and necessary, for parenthood. Parts two through four examine three arguments for geneticism: (...) the property argument, the causal argument, and the parity argument. We conclude that none of these arguments succeeds. (shrink)

Many philosophers believe that the relationship between a parent and a child is objectively valuable, but few believe that there is any objective value in first creating a child in order to parent her. But if it is indeed true that all of the objective value of procreative-parenting comes from parenting, then it is hard to see how procreative-parenting can overcome two particularly pressing philosophical challenges. A first challenge is to show that it is morally permissible for prospective parents to (...) procreate given that adoption takes us much closer to both environmental and social justice. A second challenge is to show that it is morally permissible for biological parents to parent their biological child given that other prospective parents are willing and able to do a much better job at furthering the child's interests. In this essay, I argue that there is value in procreative-parenting, and that this value is of sufficient magnitude so as to block both the case against procreation and the case in favour of child re-distribution. (shrink)

The Ethics of Parenthood argues for original views about the right to raise one's biological children, about paternalism, about reacting differently to bad behavior because the wrongdoer is "only a child," about what raising a child requires, and about the obligations that parents and children have after the children are grown.

This title was first published in 2003. This book critically examines the moral and political status of the child by a consideration of three interrelated questions: What rights if any does the child have? What rights over and duties in respect of a child do parents have? What rights over and duties in respect of a child does the state have? David Archard adopts three areas for particular discussion on the practical implications of the general theoretical issues: education, child protection (...) policy, and the medical treatment of children. Providing a clear legal context and a sharper, contemporary discussion of the question of rights, this book presents a clear introduction to the key issues in the moral and political status of children. (shrink)