Worldwide, many impoverished parents migrate, leaving their children behind. As a result children are deprived of continuity in care and, sometimes, suffer from other forms of emotional and developmental harms. I explain why coercive responses to care drain are illegitimate and likely to be inefficient. Poor parents have a moral right to migrate without their children and restricting their migration would violate the human right to freedom of movement and create a new form of gender injustice. I propose (...) and defend an institutional solution. Taxes levied on the remittances sent by temporary migrants ought to be used to provide migrants' children with psychological counselling in order to mitigate the harm resulted from discontinuity in care. (shrink)

Where Gillo Dorfles sees an ‘aesthetic quotient’ able to promote a right relationship between man and nature, and nature and artefact, the concept of objectualization accounts for the ambivalent consequences of man’s appropriation of nature, occurring in the shaping of reality. This concept appears in the arts but also in the production of ordinary man-made objects. The latter recalibrates our own understanding of art and nature. Starting from a definition of objectualization, the hypothesis of an equation between ar- tificiality (...) and aesthetics will be found. Taking into account Dorfles’s claim about redeeming the unnatural as nature in its being the product of man’s creativity, we will assess his works focusing on the case of the artefact and graphic-musical object. Dorfles’s theory will be applied without following the different levels of analysis entirely: phenomenological, since the relationship between men, objects and machine is intentional; functional, as art depends on the role, determining a significance inside social condition, but on a symbolic or formal level, insofar as determining a stable presence of the significance at the level of the aspect, the shape becoming a mirror of men. In the end our own aesthetic constitution will be found together with the recalibration of the relationship with nature and the world through an idea of form combining artificialness and naturalness. (shrink)

The article presents a theory of the basis and nature of parents’ rights that appeals to the goods distinctively produced by intimate-but-authoritative relationships between adults and the children they parent. It explores the implications of that theory for questions about parents’ rights to raise their children as members of a religion, with particular attention to the issue of religious schooling. Even if not obstructing the development of their children’s capacity for autonomy, parents exceed the bounds of their legitimate authority in (...) so far as they aim deliberately to influence their children’s religious views. Healthy familial relationships involve some identification of child with parent and require a sphere of spontaneous interaction between parent and child that are in any case likely to influence those views and constitute a standing threat to autonomy. Correcting over-deferential understandings of parents’ rights enables schools better to promote not only children’s autonomy but also other legitimate civic goals. (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)

In this paper, I analyze the ethical implications of genetic enhancement within the specific framework of the “child’s right to an open future” argument (CROF). Whilst there is a broad ethical consensus that genetic modifications for eradicating diseases or disabilities are in line with – or do not violate – CROF, there is huge disagreement about how to ethically understand genetic enhancement. Here, I analyze this disagreement and I provide a revised formulation of the argument in the specific field (...) of genetic enhancement. First, I argue that CROF is not in contrast with every kind of enhancement. I subsequently discuss whether CROF requires some moral obligations to enhance progeny. My argument is that parents do not have the moral obligation to open as many options as possible for their children. Rather, they should provide them with a reasonable range of opportunities. Finally, I contend that the moral obligations required by CROF are directly dependent on what Allen Buchanan calls the ‘dominant cooperative framework’ in a given society. I conclude by claiming that, at present, parents are not morally obliged to genetically enhance their children since a non-enhanced person already might have access to a reasonable range of opportunities. However, the moral obligation to enhance progeny might arise if a structural modification of the dominant cooperative framework occurs. (shrink)

It is common to cite the child’s “right to an open future” in discussions of how parents and the state may and should treat children. However, the right to an open future can only be useful in these discussions if we have some method for deriving the content of the right. In the paper in which he introduces the right to an open future Joel Feinberg seems to provide such a method: he derives the right (...) from the content of adult autonomy rights. In this paper I argue that his argument fails. If it is to give us guidance about the content of the child’s right to an open future, then the right should be interpreted as a right to a maximally open future. But this strong interpretation is unjustified: the arguments that can be found in Feinberg in favor of the right are invalid, and, in any case, this interpretation has implausible implications. A moderate interpretation of the right to an open future, according to which children have a right to acquire some reasonable range of skills and options, is more plausible. However, if a moderate interpretation is correct, there is not only no argument in Feinberg to support it, there is also no method for deriving the content of the right. Without such a method we have to bring in other moral considerations in order to work out the limits on parental discretion and what children are owed. The right to an open future then does no normative work. (shrink)

Several philosophers argue that individuals have an interest-protecting right to parent; specifically, the interest is in rearing children whom one can parent adequately. If such a right exists it can provide a solution to scepticism about duties of justice concerning distant future generations and bypass the challenge provided by the non-identity problem. Current children - whose identity is independent from environment-affecting decisions of current adults - will have, in due course, a right to parent. Adequate parenting requires (...) resources. We owe duties of justice to current children, including the satisfaction of their interest-protecting rights; therefore we owe them the conditions for rearing children adequately in the future. But to engage in permissible parenting they, too, will need sufficient resources to ensure their own children's future ability to bring up children under adequate conditions. Because this reasoning goes on ad infinitum it entails that each generation of adults owes its contemporary generation of children at least those resources that are necessary for sustaining human life indefinitely at an adequate level of wellbeing. (shrink)

The U.S. Supreme Court regards parental rights as fundamental. Such a status should subject any legal procedure that directly and substantively interferes with the exercise of parental rights to strict scrutiny. On the contrary, though, despite their status as fundamental constitutional rights, parental rights are routinely suspended or revoked as a result of procedures that fail to meet even minimal standards of procedural and substantive due process. This routine and cavalier deprivation of parental rights takes place in the context of (...) divorce where, during the pendency of litigation, one parent is routinely deprived of significant parental rights without any demonstration that a state interest exists—much less that there is a compelling state interest that cannot be achieved in any less restrictive way. In marked contrast to our current practice, treating parental rights as fundamental rights requires a presumption of joint legal and physical custody upon divorce and during the pendency of divorce litigation. The presumption may be overcome, but only by clear and convincing evidence that such an arrangement is harmful to the children. (shrink)

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 (...) children in otherwise morally objectionable ways. Such subjection generates duties to compensate children, even if the child’s life is on balance a benefit to her. The right to procreate is thus conditioned on prospective parent’s willingness to compensate for the harms of procreation. And because parents bear such compensatory duties, they must be accorded permissions (i.e., rights) to fulfill these duties. These rights include familiar exclusionary rights to promote children’s welfare, etc. Moreover, because subjecting children to harms or the risks thereof violates their autonomy, parental duties (and rights) include the provision of education and other goods that enable their subsequent autonomy as adults. Grounding parental rights in compensatory procreative duties avoids problems associated with appeals to the interests of children (e.g., that these interests do not seem to generate exclusive parental rights) or to the interests of parents (e.g., that these interests do not appear strong enough to permit the creation of a new, vulnerable human individual). (shrink)

Sweden features near the top of most gender-equality rankings. The World Economic Forum rates it as having one of the narrowest gender gaps in the world. But Sweden is not only a good place to be a woman: it also appears to be an idyll for new dads. Close to 90% of Swedish fathers take paternity leave. In 2013, some 340,000 dads took a total of 12 million days’ leave, equivalent to about seven weeks each. Women take even more leave (...) days to spend time with their children, but the gap is shrinking. Why do Swedish dads take so much time off work to raise their children? (shrink)

Published in the American Journal of Bioethics.

There is a broad philosophical consensus that both children’s and prospective parents’ interests are relevant to the justification of a right to parent. Against this view, I argue that it is impermissible to sacrifice children’s interests for the sake of advancing adults’ interest in childrearing. Therefore, the allocation of the moral right to parent should track the child’s, and not the potential parent’s, interest. This revisionary thesis is moderated by two additional qualifications. First, parents lack the moral (...) class='Hi'>right to exclude others from associating with the child. Second, children usually come into the world as part of a relationship with their gestational mother; often, this relationship deserves protection. (shrink)

With the recent report of a live birth after use of Mitochondrial replacement therapy, sometimes called ‘Three-parent IVF’, the clinical application of the technique is fast becoming a reality. While the United Kingdom allows the procedure under regulatory scrutiny, it remains effectively outlawed in many other countries. We argue that such prohibitions may violate individuals’ procreative rights, grounded in individuals’ interest in genetic affinity. The interest in genetic affinity was recently endorsed by Singapore’s highest court, reflecting an emphasis on the (...) importance of biological ties found across the globe. We apply that reasoning to make the case for a right to ‘Three-parent IVF’. (shrink)

I examine how co-parents should handle differing commitments about how to raise their child. Via thought experiment and the examination of our practices and affective reactions, I argue for a thesis about the locus of parental authority: that parental authority is invested in full in each individual parent, meaning that that the command of one parent is sufficient to bind the child to act in obedience. If this full-authority thesis is true, then for co-parents to command different things would be (...) for them to contest one another’s authority. The only course that respects the authority of both parents is for co-parents to agree to command the same thing. Further, what is commanded must not result from a ‘capitulation’ by one co-parent, rather, it should result from a compromise. Parental authority involves a duty to deliberate about which commands it is best to give the child. If a command results from a capitulation, one parent will rightly think of themselves as not having fulfilled their parental duty. Parental compromises are not best understood as bargains or conflicts, but by the metaphor of gifts given by each parent out of respect for the other’s authority. (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)

Mens rea means a guilty mind; guilty knowledge and wilfulness without clear permission to do so. The 1924 Declaration of the Rights of the Child and the 1948 Universal Declaration of Human Rights, followed by the 1959 Declaration of the Rights of the Child have all been ignored by the UK Home Secretary and the UK Prime Minister. These universal laws place the child in the nexus of the State, the parents, and the broader society. The 1959 Declaration claims in (...) its Preamble, that “mankind owes to the child the best it has to give” and it contains ten principles outlining numerous rights of children. See also, Philip Alston, “The Best Interests Principles towards a reconciliation of culture and human rights”, (1994), 8, International Journal of Law and the Family, 1-25, 6. -/- . (shrink)

In this book I offer a critical, comparative and empirically-informed defense of Islamic schools in the West. To do so I elaborate an idealized philosophy of Islamic education, against which I evaluate the situation in three different Western countries. I examine in detail notions of cultural coherence, the scope of parental authority v. a child's interests, as well as the state's role in regulating religious schools. Further, using Catholic schools as an analogous case, I speculate on the likely future of (...) Western Islamic schools. (shrink)

The growth and development of children are closely related to the role of a mother, not a few mothers, and having the task of caring for children and working women, which will lead to suboptimal childcare. At this time, many android-based information system facilities that can be used to streamline child care for a mother who is a working woman. This study aimed to provide an overview and ideas of using android-based digital media in childcare to maximize children's growth and (...) development for working mothers with a literature review method. From the study results and review of 10 selected journals, it was concluded that for parents of workers who cannot maximize childcare time or parenting time, many applications could facilitate parents to monitor the child's growth and development safely. The development of a child health nursing management information system can include healthy children, sick children, education, environment, and parenting patterns. The implication of developing a child health nursing management information system during parenting is very useful ad preventive and promotive action in children’s health. Child nurses can effectively, efficiently, quickly, and accurately identify problems that arise in the preventive process so that they are expected to make nursing interventions that are also right on target. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be seen (...) as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

In our dealings with young children, we often get them to do or think things by arranging their environments in certain ways; by dissembling, simplifying, or ambiguating the facts in answer to their queries; by carefully selecting the states of affairs, behavior of others, and utterances to which they shall be privy. We rightly justify these practices by pointing out a child's malleability, and the necessity of paying close attention to formative influences during its years of growth. This filtering of (...) influences is necessary, we point out, if children are ever to reach a degree of maturity and inner stability that will enable them to understand and cope adequately with the complexities, contradictions, and difficulties of the world from which we now seek to shield them. Thus a child's eventual state of competence, maturity, and autonomy adequately justifies our current practices of manipulation and selection of his environment: such practices are rightly held to be ultimately in the child's best interests as an adult. There is no future state of things with reference to which the Utilitarian night justify his policy of secrecy and manipulation, and in light of which this policy night eventually be dispensed with and commonly validated, in retrospect, as a means to the worthwhile goal of moral maturity. That is, there is no point at which the attitude of the Utilitarian to the rest of the community can develop past the analogous attitude of the parent towards the child; no point at which the Utilitarian might eventually bear to others a relationship of mutual acknowledgement and respect as mature, autonomous, moral adults. The consistent Utilitarian, then, largely regards himself as if he were the only adult in a community of children. (shrink)

Many people believe that the abortion debate will end when at some point in the future it will be possible for fetuses to develop outside the womb. Ectogenesis, as this technology is called, would make possible to reconcile pro-life and pro-choice positions. That is because it is commonly believed that there is no right to the death of the fetus if it can be detached alive and gestated in an artificial womb. Recently Eric Mathison and Jeremy Davis defended this (...) position, by arguing against three common arguments for a right to the death of the fetus. I claim that their arguments are mistaken. I argue that there is a right to the death of the fetus because gestating a fetus in an artificial womb when genetic parents refuse it violates their rights not to become a biological parent, their rights to genetic privacy and their property rights. The right to the death of the fetus, however, is not a woman's right but genetic parents’ collective right which only can be used together. (shrink)

Liam Shields’ sufficientarian commitments mean that he should subscribe to a child-centered account of the right to parent. This point most likely generalizes: sufficientarians who acknowledge children’s full moral status must embrace a child-centered account of the right to parent.

Marcus William Hunt argues that when co-parents disagree over whether to raise their child (or children) as a vegan, they should reach a compromise as a gift given by one parent to the other out of respect for his or her authority. Josh Millburn contends that Hunt’s proposal of parental compromise over veganism is unacceptable on the ground that it overlooks respect for animal rights, which bars compromising. However, he contemplates the possibility of parental compromise over ‘unusual eating,’ of animal-based (...) foods obtained without the violation of animal rights. I argue for zero parental compromise, rejecting a rights-oriented approach, and propose a policy that an ethical vegan parent and a non-vegan co-parent should follow to determine how to raise their children. (shrink)

Kim Iryŏp was raised and initially educated in a devout Methodist Christian environment under the strict guidance of her fideistic pastor father and her mother, who believed in female education. Both parents died while she was in her teens, and she questioned her Christian faith at an early age. She was one of the first Korean women to pursue higher education in Korea and Japan. Kim became a prolific poet and essayist, her writings engaging cultural and social issues, and a (...) leading figure of the feminist “new woman” movement in the 1920s, which promoted women’s self-awareness, freedom, and rights in the context of the complex intersection of traditional Korean... (shrink)

John Locke occupies a central place in the contemporary philosophical literature on parental authority, and his child-centered approach has inspired a number of recognizably Lockean theories of parenthood.2 But unlike the best historically informed scholarship on other aspects of Locke's thought, those interested in his account of parental rights have not yet tried to understand its connection to debates of the period or to Locke's broader theory of natural law. In particular, Locke's relation to the seventeenth-century conversation about the role (...) of generation in grounding 'paternal power' is not well-known. Understanding this background is interesting in itself, but more importantly, it can provide us with a .. (shrink)

I argue that the best available parent view, in its present formulation, struggles to accommodate for our very weighty duty not to perpetuate historical injustices. I offer an alternative view that reconciles this tension.

I argue that Stephen Wykstra’s much discussed Parent Analogy is helpful in responding to the evidential problem of evil when it is expanded upon from a positive skeptical theist framework. This framework, defended by John Depoe, says that although we often remain in the dark about the first-order reasons that God allows particular instances of suffering, we can have positive second-order reasons that God would create a world with seemingly gratuitous evils. I respond to recent challenges to the Parent Analogy (...) by arguing that God, like a good parent, wants a rightly ordered relationship of mutual love with created beings. (shrink)

This paper examines whether American parents legally violate their children’s privacy rights when they share embarrassing images of their children on social media without their children’s consent. My inquiry is motivated by recent reports that French authorities have warned French parents that they could face fines and imprisonment for such conduct, if their children sue them once their children turn 18. Where French privacy law is grounded in respect for dignity, thereby explaining the French concerns for parental “over-sharing,” I show (...) that there are three major legal roadblocks for such a case to succeed in US law. First, US privacy tort law largely only protects a person’s image where the person has a commercial interest in his or her image. Secondly, privacy tort laws are subject to constitutional constraints respecting the freedom of speech and press. Third, American courts are reluctant to erode parental authority, except in cases where extraordinary threats to children’s welfare exist. I argue that while existing privacy law in the US is inadequate to offer children legal remedy if their parents share their embarrassing images of them without their consent, the dignity-based concerns of the French should not be neglected. I consider a recent proposal to protect children’s privacy by extending to them the “right to be forgotten” online, but I identify problems in this proposal, and argue it is not a panacea to the over-sharing problem. I conclude by emphasizing our shared social responsibilities to protect children by teaching them about the importance of respecting one another’s privacy and dignity in the online context, and by setting examples as responsible users of internet technologies. (shrink)

Critics of Confucianism have long raised concerns about its focus on filial piety (xiao 孝). This concept entails traditional expectations, such as children dutifully serving parents, demonstrating outward respect, and subordinating personal desires to parental wishes. Critics find this problematic not only as an approach toward parents but also as a broader orientation toward authority figures. In response to such criticism, a common argument asserts that it misunderstands filial piety's true nature. This perspective claims that filial piety requires not only (...) service, respect, and compliance with parents but also the courage to admonish them when they veer from the path of what's right. However, this response is unconvincing. Passages used to support this view suggest admonishment should be light and avoided if it causes bad feelings, which may not be effective with stubborn parents. Other passages within the same texts indicate that admonishment is discouraged, emphasizing parental satisfaction over whether children should remonstrate. The most robust endorsements for admonishment originate from the relatively less influential Xunzi. In conclusion, concerns raised by critics about unquestioning obedience to authority warrant serious consideration. These concerns invite a thorough examination of the intricate dynamics of filial piety and its implications, advocating a thoughtful approach. (shrink)

At some point in the future – perhaps within the next few decades – it will be possible for foetuses to develop completely outside the womb. Ectogenesis, as this technology is called, raises substantial issues for the abortion debate. One such issue is that it will become possible for a woman to have an abortion, in the sense of having the foetus removed from her body, but for the foetus to be kept alive. We argue that while there is a (...) right to an abortion, there are reasons to doubt that there is a right to the death of the foetus. Our strategy in this essay is to consider and reject three arguments in favour of this latter right. The first claims that women have a right not to be biological mothers, the second that women have a right to genetic privacy, and the third that a foetus is one's property. Furthermore, we argue that it follows from rejecting the third claim that genetic parents also lack a right to the destruction of cryopreserved embryos used for in vitro fertilization. The conclusion that a woman possesses no right to the death of the foetus builds upon the claims that other pro-choice advocates, such as Judith Jarvis Thomson, have made. (shrink)

This paper examines the possibility of parenting as a queer practice. Examining definitions of “queer” as resistant to presumptions and practices of reprosexuality and repro-narrativity (Michael Warner), bourgeouis norms of domestic space and family time (Judith Halberstam), and policies of reproductive futurism (Lee Edelman), I argue that queer parenting is possible. Indeed, parenting that resists practices of normalization are, in part, realized by certain types of postmodern families. However, fully actualizing the possibility of parenting queerly—and thus teaching our children the (...) values of non-normativity--requires engaging political struggles for distributive justice. These are, thus, the struggles that should be at the center of queer politics, rather than the current struggles for gay marriage and homoparental rights. (shrink)

Abstract: In the wide range of issues of violence against women in Arab and Western societies, Professor Brian Sykes wrote about how the future can be without men by looking at the male dominance of Y chromosome on female X chromosome and trying to trace the first forms of male dominance The World To the extent that some geneticists think theoretically that a female ovum is fertilized by an ovum from another female to produce a new human being is of (...) course a female and This method, although it is an abnormal way of thinking to retaliate against a male Y chromosome, expresses a reaction that needs scientific analysis. in the Arab societies, the influence of masculine dominance on the female society has emerged , many forms have taken place. Women are surrounded by a masculine belt that they may not be able to negotiate with them because of ignorance and illiteracy and the spread of some inherited customs and traditions. In addition, other matters that are subject to mutual agreement between the parties and without agreement, with the industrial revolution, women started to work to achieve their own self, then they became involved in education in there society, started to claim some rights , Various women's associations encouraged them, witch allowed women to demand full and undiminished equality between men and women in all fields, And encouraged the abolition of the subordination of children to fathers and the equality of male and female in inheritance until the demand to abolish the upbringing of children in the institutions of the marital common and raising them in communes groups. Or in alternative care institutions while freeing them from the bond of married life and from restricting maternal emotion to be a man's vow and the replacement of artificial reproduction in order to reach their highest point in the equality curve. Although these claims reflect the amount and cruelty of a world Women, however, want the desired equality in this way to be false equality and will not achieve the desired return of stolen rights and did not meet the purpose, but was a call for the continuation of community violence, and although some women in the communities wish to live in a society without men from the abundance of what they have But there is still room for love, tolerance and change, based on the beautiful feelings of women and their feelings and emotions towards men. This study may have been considered as a call to rephrase parenting methods as a preventive method to mitigate future violence against women. The purpose of the study may be to direct and work with new generations alongside current generations involved in daily violence practices and rework to deal with this in a gradual and simple way to alleviate the issues of violence in society. (shrink)

This Article describes a jurisprudential puzzle—what I call the puzzle of the beneficiary’s bargain—and contends that adequately resolving this puzzle will require significant revisions to basic premises of contract law. The puzzle arises when one party enters into two contracts requiring the same performance, and the promisee of the second contract is the third-party beneficiary of the first. For example, a taxi driver contracts with a woman to transport her parents from the airport next week, and then the driver separately (...) enters a contract with the parents to transport them when the time comes. Is the second contract valid and enforceable, or does it fail for lack of consideration? This specific question—on which courts have split—implicates several important contract law doctrines. Moreover, it highlights a deep tension in our modern understanding of contractual obligation. This Article argues that adequately resolving the puzzle necessitates a general reconsideration of the relationship between rights and liability in contract law. Surprisingly, the best solution requires abandoning the foundational understanding that contract liability arises out of breach of a promisee’s right to performance. The puzzle thus offers a lens through which to examine—and even revise—the central concepts of modern contract law. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When it comes (...) to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Health institutions recommend that young infants be exclusively breastfed on demand, and it is widely held that parents who can breastfeed have an obligation to do so. This has been challenged in recent philosophical work, especially by Fiona Woollard. Woollard’s work critically engages with two distinct views of parental obligation that might ground such an obligation—based on maximal benefit and avoidance of significant harm—to reject an obligation to breastfeed. While agreeing with Woollard’s substantive conclusion, this paper (drawing on philosophical discussion (...) of the ‘right to rear’) argues that there are several more moderate views of parental obligation which might also be thought to ground parental obligation. We first show that an obligation to breastfeed might result not from a general obligation to maximally benefit one’s child, but from what we call ‘choice-specific’ obligations to maximise benefit within particular activities. We then develop this idea through two views of parental obligation—the Dual Interest view, and the Best Custodian view—to ground an obligation to exclusively breastfeed on demand, before showing how both these more moderate views fail. Finally, we argue that not only is there no general obligation to breastfeed children, but that it is often morally right not to do so. Since much advice from health institutions on this issue implies that exclusive breastfeeding on demand is the best option for all families, our argument drives the feeding debate forward by showing that this advice often misrepresents parents’ moral obligations in potentially harmful ways. (shrink)

Common sense morality and legislations around the world ascribe normative relevance to biological connections between parents and children. Procreators who meet a modest standard of parental competence are believed to have a right to rear the children they brought into the world. I explore various attempts to justify this belief and find most of these attempts lacking. I distinguish between two kinds of biological connections between parents and children: the genetic link and the gestational link. I argue that the (...) second can better justify a right to rear. (shrink)

This paper examines rights and the protection of rights from both the minarchist and the anarchist perspectives. The former relies on Objectivist perspectives and the latter relies primarily on Murray Rothbard’s views. My view is that government protection as put forth by Objectivists is coercive, as are all methods of financing. However, under anarcho-capitalism, children who have been killed or abused by their caregivers do not have equal protection under the law. The principle of equal protection is one with which (...) both Objectivists and Rothbard agree. A case is made for government protection of rights under those circumstances. In addition, a case is made for positive rights to parental care for children, and also for government protection of those rights if they have been violated by their caregivers. I also argue for government oversight in instances when the rights of children have been violated and as a consequence the children have no alternative means of care. (shrink)

Adoption may be defined as ‘the legal process through which the state establishes a parental relationship, with all its attendant rights and duties, between a child and a (set of) parent(s) where there exists no previous procreative relationship’ . In adoptions from care, state intervention effectively converts an established, or nascent, adult– child relationship into ‘family’ in the legal sense. From the state’s perspective, adoption thus entails the transfer of parental responsibilities for a child in public care to a private (...) family unit, enabling the state to permanently delegate its duties towards a child to this new unit. This seemingly straightforward legal act raises deeper philosophical questions relating to such state ‘family creation’, particularly when the child’s perspective is taken. Such a child- centric approach normatively regards children as equal moral beings, who ought to be included in actions concerning them, regardless of their capacity to form and express an opinion. Accordingly, adoption from care can be described as a moral decision, aimed at doing what is in the child’s best interests. The purpose of this chapter is to explore a suspicion of a lack of child- centrism in adoption from care practice, and to illustrate how adopted children’s rights are inferior to those of their non- adopted peers. This will shed light on a practice currently lacking transparency and accountability and will increase our understanding of how we fail to treat children as equal moral individuals in decision- making that severely impacts children’s lives. (shrink)

The article provides an analysis of the European Court of Human Rights judgments in the case of Lautsi v. Italy (application no. 30814/06), also known as the Italian crucifix case. The applicant claimed that displaying crucifixes in the Italian State-school classrooms attended by her children was contrary to the principle of secularism, by which she wished to bring up her children, and therefore infringed her right to ensure their education and teaching in conformity with her religious and philosophical convictions, (...) and also breached her freedom of conviction and religion, as protected by Article 9 of the Convention. In its judgment of November 3, 2009, the seven-judge Chamber declared that there had been a violation of Article 2 (right to education) of Protocol No. 1 of the European Convention on Human Rights taken together with Article 9 (freedom of thought, conscience, and religion) of the Convention. The judgment was given unanimously and none of the judges appended a separate opinion. The Italian Government asked for the case to be referred to the Grand Chamber by virtue of Article 43 of the Convention. In the judgment of the Grand Chamber, delivered on March 18, 2011, the Court held, by fifteen votes to two (and with separate opinions of six judges), that there had been no violation of Protocol No. 1 and no violation of the Convention itself. The analysis in the article is focused on selected principal factors determining the Court's decision. It shows that the proposal for the Court to recognize secular convictions as those protected by Article 2 of Protocol No. 1 or Article 9 of the Convention has no sufficient basis in the Convention itself and in earlier Court's case-law and, even, may be considered as promotion of religious intolerance, threatening the freedom to publicly manifest a religion or belief, as guaranteed by Article 9 of the Convention. -/- Opracowanie zawiera analizę wyroków Europejskiego Trybunału, które zapadły w sprawie Soile Lautsi (app. 30814/06), zwaną „włoska sprawa krzyża” (Italian Crucifix Case). W sprawie tej skarżąca zarzucała, że okazywanie znaku krzyża w klasach włoskich szkół państwowych, do których uczęszczały jej dzieci, jest sprzeczne z zasadą sekularyzmu, zgodnie z którą chciała ona wychować swoje dzieci i dlatego stanowi naruszenie jej prawa do wychowania i nauczania zgodnego z jej religijnymi i filozoficznymi (moralnymi) przekonaniami, oraz stanowi naruszenie wolności religijnej, gwarantowanej art. 9 Konwencji. W wyroku siedmioosobowej izby ogłoszonym 3 listopada 2009 r. izba uznała naruszenie art. 2 (Prawo do nauki) Protokołu dodatkowego nr 1 do Konwencji o ochronie praw człowieka i podstawowych wolności w powiązaniu z art. 9 (Wolność myśli, sumienia i wyznania) Konwencji. Wyrok zapadł jednomyślnie i żaden z sędziów nie dołączył do wyroku swoich uwag. Rząd Włoch złożył wniosek w trybie przewidzianym art. 43 Konwencji o przekazanie sprawy do Wielkiej Izby. W wyroku Wielkiej Izby ogłoszonym 18 marca 2011 r. Trybunał uznał zdecydowaną większością głosów – 15 za wobec 2 przeciw (sześciu sędziów dołączyło swoje uwagi), że nie doszło do naruszenia ani Protokołu nr 1, ani samej Konwencji. Analizy koncentrują się na wybranych zagadnieniach, kluczowych dla argumentacji Trybunału. Analizy te pokazują, że postulowanie przez izbę uznania za prawo podmiotowe radykalnie pojętej negatywnej wolności religijnej, oraz postulowanie - tak przez izbę, jak i przez Wielką Izbę - ochrony przekonań sekularystycznych jako przekonań chronionych art. 2 Protokołu dodatkowego nr 1 lub art. 9 Konwencji, nie posiada należytego uzasadnienia ani w samej Konwencji, ani w dotychczasowym orzecznictwie Trybunału, a co więcej – może być uznane za propagowanie nietolerancji religijnej, godzącej przede wszystkim chronioną art. 9 Konwencji wolność publicznego uzewnętrzniania przekonań religijnych i filozoficznych. (shrink)

A significant proportion of child protection cases involve care-experienced mothers, which reveals a continuous cycle of mothers who lose their children to social services after having been in state care themselves as children. While the importance of protecting children requires little explanation and forms the justificatory basis for child protection interventions, it is important to remember that care-experienced mothers were once children entrusted to the state’s care, and who arguably have been failed by the state in that their parenting opportunities (...) are significantly reduced. This paper aims to address this underexplored dilemma between protecting children and safeguarding mothering opportunities for care-experienced mothers. Appealing to the concept of solidarity, I argue that the state has an obligation to increase its compensatory efforts to secure the right of care-experienced women to not only become parents but to be able to be parents, with the aim of breaking the cycle of care experience. (shrink)

Childhood looms large in our understanding of human life as it is a phase through which all adults have passed. Childhood is foundational to the development of selfhood, the formation of interests, values and skills and to the lifespan as a whole. Understanding what it is like to be a child, and what differences childhood makes, are essential for any broader understanding of the human condition. The Routledge Handbook of the Philosophy of Childhood and Children is an outstanding reference source (...) to the key topics, problems and debates in this exciting subject and is the first collection of its kind. Comprising over thirty chapters by a team of international contributors the Handbook is divided into five parts: ¿ Being a child ¿ Childhood and moral status ¿ Parents and children ¿ Children in society ¿ Children and the state. Questions covered include: What is a child? Is childhood a uniquely valuable state, and if so why? Can we generalize about the goods of childhood? What rights do children have, and are they different from adults¿ rights? What gives people a right to parent? What role, if any, ought biology to play in determining who has the right to parent a particular child? What kind of rights can parents legitimately exercise over their children? What roles do relationships with siblings and friends play in the shaping of childhoods? How should we think about sexuality and disabilility in childhood, and about racialised children? How should society manage the education of children, and what values should inform such practices? What is a good school? How are children¿s lives affected by being taken into social care? The Routledge Handbook of the Philosophy of Childhood and Children is essential reading for students and researchers in philosophy of childhood, political philosophy and ethics as well as those in related disciplines such as education, psychology, sociology, social policy, law, social work, youth work, neuroscience and anthropology. (shrink)

This paper comments on the strategies and goals of a politics of recognition as celebrated by Nancy Nicol’s important documentary coverage of the gay and lesbian movement for family rights in Quebec. While agreeing that ending legal discrimination against lgbt families is important, I suggest that political recognition of same-sex families and their children is a too limited goal for queer families and their allies. Moreover, it is a goal, I argue, that often trades on trades on troublesome assumptions about (...) gender, class, race, age and normative commitments to monogamy as these relate to distinctions between, for example, “fit” and “unfit” parents. (shrink)

The genetic modification of pigs as a source of transplantable organs is one of several possible solutions to the chronic organ shortage. This paper describes existing ethical tensions in xenotransplantation (XTx) that argue against pursuing it. Recommendations for lifelong infectious disease surveillance and notification of close contacts of recipients are in tension with the rights of human research subjects. Parental/guardian consent for pediatric xenograft recipients is in tension with a child’s right to an open future. Individual consent to transplant (...) is in tension with public health threats that include zoonotic diseases. XTx amplifies concerns about justice in organ transplantation and could exacerbate existing inequities. The prevention of infectious disease in source animals is in tension with the best practices of animal care and animal welfare, requiring isolation, ethologically inappropriate housing, and invasive reproductive procedures that would severely impact the well-being of intelligent social creatures like pigs. (shrink)

Ectogestation involves the gestation of a fetus in an ex utero environment. The possibility of this technology raises a significant question for the abortion debate: Does a woman’s right to end her pregnancy entail that she has a right to the death of the fetus when ectogestation is possible? Some have argued that it does not Mathison & Davis. Others claim that, while a woman alone does not possess an individual right to the death of the fetus, (...) the genetic parents have a collective right to its death Räsänen. In this paper, I argue that the possibility of ectogestation will radically transform the problem of abortion. The argument that I defend purports to show that, even if it is not a person, there is no right to the death of a fetus that could be safely removed from a human womb and gestated in an artificial womb, because there are competent people who are willing to care for and raise the fetus as it grows into a person. Thus, given the possibility of ectogestation, the moral status of the fetus plays no substantial role in determining whether there is a right to its death. (shrink)

Mary Wollstonecraft argues that women must be independent citizens, but that they cannot be that unless they fulfill certain duties as mothers. This is problematic in a number of ways, as argued by Laura Brace in a 2000 article. However, I argue that if we understand Wollstonecraft's concept of independence in a republican, rather than a liberal context, and at the same time pay close attention to her discussion of motherhood, a feminist reading of Wollstonecraft is not only possible but (...) enriching. I will attempt to show, in particular, that the seeds of a feminist argument for co-parenting are to be found in the Vindication of the Rights of Woman. (shrink)

What process ought to guide decision making for pediatric patients? The prevailing view is that decision making should be informed and guided by the best interest of the child. A widely discussed structural model proposed by Buchanan and Brock focuses on parents as surrogate decision makers and examines best interests as guiding and/or intervention principles. Working from two recent articles by Ross on “constrained parental autonomy” in pediatric decision making (which is grounded in the Buchanan and Brock model), I discuss (...) (supportively) features of Ross’s effort visa-vis the best interest standard. I argue that any pediatric decision-making model that brackets or formally limits an engagement with the child patient assumes too much. Further, any model that under appreciates the place of parents and their autonomy, and the dynamic parent-child relationship, misses an opportunity to broaden the clinical encounter by considering questions of justice for the child (Rawls) and within a family (Ross). In this context, I focus on the child’s emerging and ongoing emotional and intellectual development and autonomy—their capabilities and identifying primary goods. (shrink)

Proponents of human reproductive cloning do not dispute that cloning may lead to violations of clones' right to self-determination, or that these violations could cause psychological harms. But they proceed with their endorsement of human reproductive cloning by dismissing these psychological harms, mainly in two ways. The first tactic is to point out that to commit the genetic fallacy is indeed a mistake; the second is to invoke Parfit's non-identity problem. The argument of this paper is that neither approach (...) succeeds in removing our moral responsibility to consider and to prevent psychological harms to cloned individuals. In fact, the same commitment to personal liberty that generates the right to reproduce by means of cloning also creates the need to limit that right appropriately. Discussion of human reproductive cloning ought to involve a careful and balanced consideration of both the relevant aspects of personal liberty – the parents' right to reproductive freedom and the cloned child's right to self-determination. (shrink)

In this chapter, I describe my “post-diagnosis” experiences as the parent of an autistic child, those years in which I tried, but failed, to make sense of the overwhelming and often nonsensical information I received about autism. I argue that immediately after being given an autism diagnosis, parents are pressured into making what amounts to a life-long commitment to a therapy program that (they are told) will not only dramatically change their child, but their family’s financial situation and even their (...) entire mode of existence. Moreover, despite information overload, many treatment programs for autism rely on empty jargon and make completely unrealistic promises, so parents are left feeling overwhelmed and panicked. Even well respected therapy programs encourage parents to spend liberally. Indeed, autistic therapists, who help construct what I refer to as the Culture of Autism, advise parents to commit to a minimum of 35 to 45 hours of intensive therapy every week. The implications are clear: for a parent who works full-time, their autistic child becomes a second full-time job. Autism is big business right now, and therapists are pushing parents to the brink of desperation. So it is not too surprising that there is a desperate cry for a more permanent solution—which is why researchers seek to cure autism. But there are two ways to conceptualize cure. A Therapeutic Cure model (TC) conceives of a cure as a beneficial treatment for the patient that eliminates or ameliorates the harms of the disease or condition. But the notion of a therapeutic cure for autism is highly implausible, given the complexities of autism. Indeed, at this point, the vast majority of researchers have come to the conclusion that the idea of a therapeutic cure for autism is simply a non-starter. Therefore the bulk of research seeking a cure for autism focuses instead on a second approach, which I refer to as the Negative Eugenics Cure model (NEC). With this model, the intention is to eliminate the disease or condition without regard for the health or well-being of the organism carrying the disease or condition. So, with regard to autism, researchers are focusing on identifying genetic markers for autism that can be detected in utero, or in embryos, so that autistic fetuses can be eliminated and autism eradicated by preventing the existence of autistic individuals. I review both models and argue that both fail to provide convincing arguments that the “solution” either offers is desirable. Both rest on the assumption that autism renders a life not worth living which, all things considered, is false. Instead of pushing to cure autism, an idea pervasive in this Culture of Autism, I contend that autistics are individuals with lives worth living. Moreover, rather than expend millions on research to search for the means to eliminate autism, we should instead expend our resources to ensure autistic individuals have access to support they may need. If the phenomenology of autism were better understood and appreciated, the panicked demand for a cure for autism might abate and perhaps autism could be seen as having value in and of its own right. (shrink)

Parenting involves an extraordinary degree of power over children. Republicans are concerned about domination, which, on one view, is the holding of power that fails to track the interests of those over whom it is exercised. On this account, parenting as we know it is dominating due to the low standards necessary for acquiring and retaining parental rights and the extent of parental power. Domination cannot be fully eliminated from child-rearing without unacceptable loss of value. Most likely, republicanism requires that (...) we minimise children’s domination. I examine alternative models of child-rearing that are immune to republican criticism. (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.