In this paper, I would like to argue that brain-dead small children have a natural right not to be invaded by other people even if their organs can save the lives of other suffering patients. My basic idea is that growing human beings have the right to grow in the form of wholeness, and dying human beings also have the right to die in the form of wholeness; in other words, they have (...) the right to be protected from outside invasion, unless they have declared their wish to abandon that right beforehand. I call this the principle of wholeness. Natural rights, which were discussed by Hobbes and Locke in the 17th century, have to be extended to include the right to grow and die in the form of wholeness in the age of scientific civilization, where peripheral human lives are being threatened by aggressive biomedicine and other advanced technologies. (shrink)

In this discussion note on Michal Pruski and Richard C. Playford’s “Artificial Wombs, Thomson and Abortion – What Might Change?,” I consider whether the prospect of ectogenesis technology would make abortion impermissible. I argue that a Thomson-style defense may not become inapplicable due to the right to life being conceived as a negative right. Further, if Thomson-style defenses do become inapplicable, those who claim that ectogenesis would be an obligatory alternative to abortion cannot do so without first showing (...) that fetuses have a right to life, something that Thomson assumed rather than argued for. I also include a discussion on ethical problems concerning what to do about children born from artificial wombs put there by those who looked to terminate their pregnancies because they sought to avoid parenthood. (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)

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)

Ethical vegans and vegetarians believe that it is seriously immoral to bring into existence animals whose lives would be miserable. In this paper, I will discuss whether such a belief also leads to the conclusion that it is seriously immoral to bring human beings into existence. I will argue that vegans should abstain from having children since they believe that unnecessary suffering should be avoided. After all, humans will suffer in life, and having children is not necessary for (...) a good life. Thus vegans, and probably vegetarians as well, should not have children. I will consider several objections against this controversial claim, show why the objections fail and conclude that it would be best for ethical vegans to abstain from procreation. (shrink)

The issue of voting rights for older children has been high on the political and philosophical agenda for quite some time now, and not without reason. Aside from principled moral and philosophical reasons why it is an important matter, many economic, environmental, and political issues are currently being decided—sometimes through indecision—that greatly impact the future of today’s children. Past and current generations of adults have, arguably, mortgaged their children’s future, and this makes the question whether (some) (...) children should be granted the right to vote all the more pressing. Should (some) children be given the right to vote? Moreover, does the answer to this question depend on civic education, on whether children have been deliberately prepared for the exercise of that right? These are the questions that will occupy us in this article. Our answer to the first will be that older children—children roughly between 14 and 16 years of age1—ought to be given the right to vote. (shrink)

In this paper, I will discuss a children’s rights-based argument for the duty of states, as a joint effort, to establish an effective program to help bring children out of conflict zones, such as parts of Syria, and to a safe haven. Children are among the most vulnerable subjects in violent conflicts who suffer greatly and have their human rights brutally violated as a consequence. Furthermore, children are also a group whose capacities to protect themselves (...) are very limited, while their chance to flee is most often only slim. I will then discuss three counterarguments: the first counterargument would be that, instead of getting the children out of a particular country, it would be better to improve their situation in their home countries. A second counterargument could be that those states, which have such a duty to bring children to a safe haven, would be overburdened by it. Finally, the third counterargument I want to discuss states that such a duty would also demand a military intervention, which could worsen the situation even further. (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)

Child health inequalities violate children’s rights to optimal wellbeing. Different issues worldwide affect children’s physical and mental health as well as their development, influencing their future as adults. Inequities are avoidable inequalities. Despite improvements in the past two decades, the ambitious goals of global agendas have, for the most part, remained as expectations with regard to childhood rights, social justice, and health equity in practice. The concept of social determinants of health has become part of the common (...) language in certain settings, but this is still too little to improve health in practice on a global scale, particularly for underprivileged subgroups of the community, as children and adolescents often are. Pediatric health professionals and their organizations are also responsible for guaranteeing children’s and adolescents’ right to health and better wellbeing, helping to reduce health inequalities. (shrink)

John Tillson argues, on grounds of children’s well-being, that it is impermissible to teach them religious views. I defend a practice of pluralistically advocating religious views to children. As long as there are no monopolies of influence over children, and as long as advocates do not use coercion, deceit, or manipulation, children can greatly benefit without having their rational abilities subverted, or incurring undue risk to form false beliefs. This solution should counter, to some extent, both (...) perfectionist and antiperfectionist reasons against initiating children into religions. (shrink)

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)

There is wide agreement that children have human rights, and that their human rights differ from those of adults. What explains this difference which is, at least at first glance, puzzling, given that human rights are meant to be universal? The puzzle can be dispelled by identifying what unites children’s and adults’ rights as human rights. Here I seek to answer the question of children’s human rights – that is, rights they have merely in virtue (...) of being human and of being children – by exploring how children’s interests are different from adults’, and how respect for children’s and adults’ moral status yields different practical requirements. If human rights protect interests, then children have many, but not all, of the human rights of adults, and, in addition, have some human rights that adults lack. I discuss the way in which children’s human rights, as I conceive of them here are, or fail to be, reflected in the law; as an illustration, I use the most important legal document listing children’s rights, namely the 1990 United Nations Convention on the Rights of the Child. (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)

Confronting persistent and widening inequality in educational opportunity, advocates have regarded the right to education as a linchpin for reform. In the forty years since the Supreme Court relegated that right to the domain of state constitutional law, its power has surged and faded in litigation challenging state school finance systems. Like so many of the students it is meant to protect, however, the right to education has generally underachieved, in part because those wielding it (...) class='Hi'>have not always appreciated its distinctive forms and function. Deconstructed, the right to education held by children has been formulated doctrinally as both a claim-right, imposing affirmative duties on the state to act, and an immunity, disabling certain state action. These two strands—oft-manifested as the claim-right to educational “adequacy” and an immunity entailing “equality” of educational opportunity—once considered irreconcilable, are actually interlocked by the right’s core historical function to protect children’s liberty and equality interests. And yet the right to education is ill equipped to fulfill its protection function. Education clauses in state constitutions do not fix the standards for mutually enforcing equality and adequacy. This encumbers already-reluctant courts in addressing educational disparities and emboldens legislative resistance when they do. Appreciating that the right to education has a protection function entailing equality and liberty interests nevertheless suggests that the right can be adjudicated in a way that unifies the demands and guarantees of substantive due process and equal protection. That union holds the potential to ameliorate the enforcement standards thereby reconstituting the right to education as a mainstay of reform. (shrink)

This article aims to put into dialogue Philosophy for Children (P4C) and education rights. Whereas rights have robust conceptualizations and have been the topic of many scholarly discussions, scholarship on P4C still has a lot to unpack for a more expansive understanding, especially when scaled up to the level of rights. This work asks whether or not the rhetoric of “rights” can be used to discuss if P4C has a rightful place to be a mandatory part of (...) school curriculum. Thus the article explores how P4C is positioned between children education and rights discourses. The range of views on P4C is broad enough to prevent the concentration of discursive power in a single source or authority in terms of scale of discussion. P4C is therefore subject to both scrutiny and praise in the same way that other human rights ideologies have been. In conclusion, this work hopes to speak and contribute to the literature on P4C by problematizing children’s discursive positions as learners and citizens with rights. (shrink)

A dilemma exists when a doctor is faced with a child or young person who refuses medically indicated treatment. The Gillick case has been interpreted by many to mean that a child of sufficient age and intelligence could validly consent or refuse consent to treatment. Recent decisions of the Court of Appeal on a child's refusal of medical treatment have clouded the issue and undermined the spirit of the Gillick decision and the Children Act 1989. It is now (...) the case that a child patient whose competence is in doubt will be found rational if he or she accepts the proposal to treat but may be found incompetent if he or she disagrees. Practitioners are alerted to the anomalies now exhibited by the law on the issue of children's consent and refusal. The impact of the decisions from the perspectives of medicine, ethics, and the law are examined. Practitioners should review each case of child care carefully and in cases of doubt seek legal advice. (shrink)

Article 8 of the African Aspirations for 2063 stipulates that the African people are confident that their countries have the ability and competence to realize or accomplish their full potential in development, culture, and peace. The vast majority of countries in Africa have worked toward establishing flourishing, inclusive, successful and prosperous societies by eradicating any forms of violation of children’s rights (African Union Commission, 2015). Nevertheless, violation of children’s rights remains present in most developing countries including (...) the country of Cameroon. This research aims to explore the forms of violation of children’s rights having a dramatic incident in school attendance in the Kadey Division of Cameroon, East Region of Cameroon. This research work is inductive, values bias and uses the grounded theory of the qualitative method approach. 15 participants have been selected from 3 major focused groups of different stakeholders in the Kadey Division, East Region of Cameroon. The theoretical saturation code was used to explain the relevance of the sample size. Data were examined using the open, axial, and selective coding processes. The results were tested for internal and external validity based on credibility, dependability, conformability, and transferability consideration. The philosophical focused on subjectivism ontology and interpretivism perspective. The study is an investigative case study model. The study showed that the forms of violation of children’s rights in the Kadey division include the recruitment and use of children, the denial of humanitarian access, the sexual violence against children and the killing and hurting of children. This study encourages school leaders in the Kadey Division to acknowledge that schools are not meant to function apart from the local community. Promoting strong collaborative work ethics between the major educational stakeholders may help prevent and reduce violence against children within and outside the school milieu and therefore duplicate school attendance. (UNICEF Regional Office for South Asia, 2016). (shrink)

This chapter argues that there is a collective responsibility to have enough children in order to ensure that people will not, in the future, suffer great harm due to depopulation. Moreover, if people stopped having children voluntarily, it could be legitimate for states to incentivize and maybe even coerce individuals to bear and rear children. Various arguments against the enforceability of an individual duty to bear and rear children are examined. Coercing people to have (...) children would come at significant moral cost; however, none of the arguments against enforceability seem decisive. The existence of a collective responsibility to have children bears on the question of whether parents and non-parents ought to shoulder the costs of childbearing and child rearing together. (shrink)

Published in the American Journal of Bioethics.

Children's vulnerability gives rise to duties of justice towards children and determines when authority over them is legitimately exercised. I argue for two claims. First, children's general vulnerability to objectionable dependency on their caregivers entails that they have a right not to be subject to monopolies of care, and therefore determines the structure of legitimate authority over them. Second, children's vulnerability to the loss of some special goods of childhood determines the content of legitimate (...) authority over them. My interest is in the so-far little-discussed goods of engaging in world discovery, artistic creation, philosophical pursuits and experimentation with one's self. I call these ‘special goods of childhood’ because individuals, in general, only have full access to them during childhood and they make a distinctive and weighty contribution to wellbeing. Therefore, they are part of the metric of justice towards children. The overall conclusion is that we ought to make good institutional care part of every child's upbringing. (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)

Henry Sidgwick raises a problem for the doctrine that all citizens have a right to as much freedom from intervention as possible, which begins with the observation that surely there is no intention to apply it to children. The writings of George Bernard Shaw suggest a solution to this problem, which I believe is now forgotten and which I in turn convey here.

It appears at least intuitively appropriate to claim that we owe it to victims to punish those who have wronged them. It also seems plausible to state that we owe it to society to punish those who have violated its norms. However, do we also owe punishment to perpetrators themselves? In other words, do those who commit crimes have a moral right to be punished? This work examines the sustainability of the right to be punished (...) from the standpoint of the two main theories of rights—the will and the interest conceptions. The right to be punished is shown to be largely indefensible on both accounts: on the will theory, the right to be punished conflicts with autonomy, and it can neither be claimed nor waived by a perpetrator; on the interest theory, a perpetrator’s interest in punishment, inasmuch as it exists, is not sufficient to ground a duty on the part of the state. (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)

Since ancient times, legal systems have held owners responsible for harm caused by their property. Across 4 experiments, we show that children aged 3–7 also hold owners responsible for such harm. Older children judge that owners should repair harm caused by property, and younger children may do this as well. Younger and older children judge that owners should apologize for harm, even when children do not believe the owners allowed the harm to occur. (...) class='Hi'>Children are also as likely to hold owners responsible for harm caused by property as for harm caused by the owners themselves. The present findings contribute to psychological accounts of ownership by showing that ownership not only confers rights to control property, but also responsibility for harm caused by property. The findings also contribute to our understanding of the attribution of responsibility, and challenge accounts claiming that directly causing harm, or allowing it to happen, is a prerequisite for responsibility. The findings provide support for an account claiming that property is an extension of its owner, and likewise reveal that responsibility for harm caused by property is an early developing aspect of the psychology of ownership. 2018 APA, all rights reserved). (shrink)

In the wake of high profile and recent events of blatant privacy violations, which also raise issues of democratic accountability as well as, at least potentially, undermining the legitimacy of current local and international governance arrangements, a rethinking of the justification of the right to privacy is proposed. In this paper, the case of the violation of the privacy of a bullied autistic youngster and the consequent prosecution of 3 Google executives will be discussed first. We will then analyse (...) the arguments made by both academic experts and pundits who agree with Google’s claim that if the first sentence had been left unchallenged, it would have opened the floodgates to several other jurisdictions that would as a consequence have used it as a pretext to increase control on the internet, jeopardising in such a way free speech, which has been seen so far as an inalienable right which should not be censored. Finally, by going beyond the sentences and their immediate contexts, we will propose a theoretical justification of our analysis. Our main claim is that the value of the right to privacy is based on the argument that its violation would undermine citizens’ capacity to participate effectively in democratic politics. (shrink)

The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core (...) of a virtue-based justification of rights elaborated in this dissertation. Based on Leif Wenar’s Kind-Desire Theory of rights and Nancy E. Snow’s Minimal Virtue of the Folk, I argue that there are two general types of rights, enabling rights and protective rights, and that both types are essential to the development of virtues. Enabling rights have the function of virtue acquisition because they allow the right-holder to strive for approximation of ideal role models while performing duties and other tasks. Such models are called heuristic models of virtues for they define what virtues are and how these virtues should be expressed in action. Some protective rights, namely promissory rights and the power-right to promise, behave like enabling rights when it comes to their ability to develop virtues. Other protective rights, especially children’s rights, make right-holders more virtuous via protecting their essential needs. The dissertation succeeds in elaborating the virtue-based justification of many rights, hence it suggests that people hold and should have rights because rights make them better people. (shrink)

Natural rights play a fundamental role in the political, legal, and economic system of John Locke. Many of his views are based on natural rights. Although Locke is not the first scholar to discuss natural rights, and before him, other thinkers have theorized about it in different eras and intellectual traditions, it must be claimed that Locke is a modern natural rights theorist and has presented a novel interpretation of this theory. Locke's natural rights are based on equality and (...) individual independence. Freedom, life, and property are the three basic pillars of Locke's theory. However, many international charters that defend human rights also in some way protect personal freedom, life, and property of individuals around the world. One of the international agreements is the Convention on the Rights of the Child in the United Nations, which defends the freedom and security of children worldwide and guarantees their basic rights. In this convention, natural rights patterns, especially those of Locke, can be seen, and he is also considered the spiritual father of human rights and one of the sources of modern human rights, the foundations of natural rights. Therefore, the main purpose of this paper is to examine the foundations of natural rights in the Convention on the Rights of the Child and compare them with the foundations of John Locke. (shrink)

What rights and duties do adults have with respect to raising children? Who, for example, has the right to decide how and where a particular child will live, be educated, receive health care, and spend recreational time? I argue that neither biological (gene-provider) nor..

Hunger strikes are commonly repressed in prison and seen as disruptive, coercive, and violent. Hunger strikers and their advocates insist that incarcerated persons have a right to hunger strike, which protects them against repression and force-feeding. Physicians and medical ethicists generally ground this right in the right to refuse medical treatment; lawyers and legal scholars derive it from incarcerated persons’ free speech rights. Neither account adequately grounds the right to hunger strike because both misrepresent the (...) hunger strike as noncoercive and nonviolent. I articulate an alternative, dual account of the right to hunger strike. On the remedial argument, the right to hunger strike should be legally protected as a right to petition for redress, in light of incarcerated people’s structural vulnerability to abuse and given inadequate grievance mechanisms. The constructive argument derives the right to hunger strike from the right to resist oppression and stresses the normative permissibility of the use of coercive tactics to defend one’s liberty interests in the face of carceral oppression. -/- . (shrink)

That we treat children differently from adults is clear. The attitude of increased paternalistic standards can be seen in a number of cases – be it the rights which children have in terms of medical treatment, decisions about their lives which are left up to parents or guardians, or the prohibition of certain activities before a certain age. However, we can only treat ‘children as children’ if we can prove that this stands in great enough (...) distinction from the adult. Either it can be shown that children are significantly unique (and certainly so in relation to adults) such that different treatment on this basis is justified, or, if it cannot be shown that children are different to adults or we cannot say who is and who is not a child, then the second conclusion must be that we cannot justify children as deserving of paternalistic treatment, and must either reject paternalistic intervention altogether, or else look for a new criteria upon which to base the application of these increased paternalistic standards. The second of these conclusions is that which I will defend in this paper, and will argue that we replace the notion of childhood with that of developed agency. (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)

One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on (...) work by Hugo Bedau, I identify a thought experiment where executions are justified defensive killing but explain why they cannot be in our world. A state’s obligations to its prisoners include the _obligation to use nonlethal incapacitation_ (ONI), which applies as long as prisoners pose no imminent threat. ONI precludes executions for reasons of future dangerousness. By subjecting the right-to-life argument to closer scrutiny, this article ultimately places it on firmer ground. (shrink)

This paper provide the first extended discussion in the philosophical literature of the epistemic significance of the phenomenon of “being known” and the relationship it has to reparations that are distinctively epistemic. Drawing on a framework provided by the United Nations of the “right to know,” it is argued that victims of gross violations and injustices not only have the right to know what happened, but also the right to be known—to be a giver of knowledge (...) to others about their own experiences. It is shown that such victims can suffer epistemic wrongs by being rendered invisible, vilified or demonized, or systematically distorted, and that these ways of not being known demand epistemic reparations. While there are traditional reparations that are epistemic in nature, such as memorialization and education, it is argued that there is a prior and arguably more important epistemic reparation—knowing victims of gross violations and injustices in the sense of bearing witness. The paper concludes with a sketch of an epistemological picture to underwrite this notion of epistemic reparations, one that significantly expands the traditional picture by including epistemic duties that are imperfect in nature and concern actions in addition to beliefs. (shrink)

I claim that there is pro tanto moral reason for parents to not raise their child on a vegan diet because a vegan diet bears a risk of harm to both the physical and the social well-being of children. After giving the empirical evidence from nutrition science and sociology that supports this claim, I turn to the question of how vegan parents should take this moral reason into account. Since many different moral frameworks have been used to argue (...) for veganism, this is a complex question. I suggest that, on some of these moral frameworks, the moral reason that some parents have for not raising their child on a vegan diet on account of this risk is plausibly as strong as the reason they have for raising their child on a vegan diet. In other words, the moral reason I outline is weighty enough to justify some vegan parents in plausibly finding it permissible to not raise their child on a vegan diet. (shrink)

In late 2012, Hurricane Sandy hit the East Coast of the U.S., causing much suffering and devastation. Those who could have easily helped Sandy’s victims had a duty to do so. But was this a rightfully enforceable duty of justice, or a non-enforceable duty of beneficence? The answer to this question is often thought to depend on the kind of help offered: the provision of immediate bodily services is not enforceable; the transfer of material resources is. I argue that (...) this double standard is unjustified, and defend a version of what I call “Social Samaritanism.” On this view, within political communities, the duty to help the needy—whether via bodily services or resource transfers—is always an enforceable demand of justice, except when the needy are reckless; across independent political communities, it is always a matter of beneficence. I defend this alternative double standard, and consider its implications for the case of Sandy. (shrink)

This article addresses the question of whether present day individuals can inherit rights to compensation from their ancestors. It argues that contemporary writing on compensatory justice in general, and on the inheritability of rights to compensation in particular, has mischaracterized what is at stake in contexts where those responsible for wrongdoing continually refuse to make reparation for their unjust actions, and has subsequently misunderstood how later generations can advance claims rooted in the past mistreatment of their forebears. In particular, a (...) full consideration of the wrongful character of non-rectification needs to take account of the multiplicity of temporal points at which compensation could have been, but was not, paid, each with potentially significant consequences for the victims of injustice. This has relevance for what is owed to those who have been wrongfully denied compensation for wrongs that caused them direct harm, and can be extended to others, such as their direct heirs, who are likewise affected by non-rectification. This opens the door to the endorsement of potentially extensive contemporary claims on behalf of the heirs of victims of wrongdoing. (shrink)

This paper explains alternative views about the nature and value of childhood, and how particular conceptions of childhood matter to a practical issue relevant to the topic of the book: children's voting rights. I don't defend any particular view on this matter; rather, I explain how recent accounts of what is uniquely good or bad about being a child bear on arguments for and against enfranchising children. I also explain why children who live in a society in (...) which many adults fail to comply with their duties of intergenerational justice have a weightier interest in voting, and hence why the case for children's enfranchisement is stronger in such cases. (shrink)

Some people oppose abortion on the grounds that fetuses have full moral status and thus a right to not be killed. We argue that special obligations that hold between mother and fetus also hold between parents and their children. We argue that if these special obligations necessitate the sacrifice of bodily autonomy in the case of abortion, then they also necessitate the sacrifice of bodily autonomy in the case of organ donation. If we accept the argument that (...) it is obligatory to override a woman’s bodily autonomy for the sake of an unborn child’s survival, we must continue to override the bodily autonomy of parents to ensure the survival of their living children, until the parent no longer has a special obligation to their child to the same degree as their special obligation to the fetus. And if the life of a child is truly more important than the bodily autonomy of its parents, as must be the case to force women to carry unwanted pregnancies to term, this should remain true until such a time that their children are no longer considered their responsibility. Thus, parity of reasoning suggests that policies compelling the gestation of a fetus should be accompanied by policies compelling organ donation. (shrink)

Sarah Conly's One Child is a substantive treatment of the extent to which procreative freedom is curtailed by rising global population and the environmental problems to which it contributes. This review provides an overview of the book's content and closes with a few critical remarks. The book is highly recommended for those interested in the intersection between environmental ethics and the ethics of procreation.

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)

It may be tempting for breastfeeding advocates to respond to challenges to breastfeeding older children or breastfeeding in public by pointing out the nutritional or developmental benefits of breastfeeding or by noting that breastfeeding is often extremely discreet. Such responses may concede more than they should: by focusing on rebutting the empirical claim, breastfeeding supporters may end up implicitly accepting two presuppositions about breastfeeding: first, the presupposition that breastfeeding requires justification in terms of health or developmental benefits to the (...) child; second, the presupposition that breastfeeding in public is only acceptable if assumed standards of discretion are met. -/- This paper aims to use the methods of analytic philosophy to: (a) show how, if left unchallenged, these implicit assumptions can become part of the pragmatic presuppositions of the conversation, so that the discussion proceeds taking their acceptance for granted; (b) argue that we can expect these presuppositions to have negative effects on all mothers, no matter how they feed their babies, and on the tenor of public discussion of infant feeding; (c) reconstruct the reasoning that might underlie these presuppositions and show that this reasoning is mistaken; (d) show that recognising breastfeeding as a family way of life and a loving interaction between parent and child gives rise to a moral right to breastfeed in public without social sanction, whether one is able to breastfeed discreetly or not. (shrink)

A short paper discussing the question of whether adults' interest in parenting can play a role in justifying the right to rear children.

It has been debated whether the so-called attention economy, in which the attention of agents is measured and sold, jeopardizes something of value. One strand of this discussion has focused on so-called attention rights, asking: should attention be legally protected, either by introducing novel rights or by extending the scope of pre-existing rights? In this paper, however, in order to further this discussion, we ask: How is attention already protected legally? In what situations does a person have the (...) class='Hi'>right to attention under current law? -/- Unlike (Chomanski, Neuroethics 16:1–11, 2023), who discusses an overall right to attention, or (Puri, Rutgers Law Record 48:206–221, 2021), who discusses an overall right to attentional privacy, in this paper we focus on two types of situations in which a person’s attention is already protected by legal regulation. Sustained attention-requiring tasks can be jeopardized by distractions whereas attentiveness to certain kind of stimuli can be jeopardized by immersive stimuli. That is why distractions are regulated in situations where an agent has what we call a concentration right and immersive stimuli are regulated in situations where an agent has what we call a duty to be attentive. The further analysis of these situations provides an understanding of the legal means by which attention is already regulated, which can be helpful when thinking about how it should be regulated in the future. (shrink)

Access to education for undocumented migrant children in South Africa remains a significant challenge. While the difficulties related to their inability to access education within the country have been highlighted elsewhere, there remains a lack of clarity on an approach to how this basic human right can be achieved. In this conceptual paper, we draw on the distinction between equality and equity, and describe the various ways in which education has been conceptualised in the South African Constitution (...) – which in part contributes to the existing confusion on education for various groups, including undocumented migrant children. In this paper, we critically reflects on the need to develop an integrated approach for creating a platform that allows all undocumented migrant children access to education in South Africa. We argue that an integrated approach – which entails ways through which access to education can be delivered through the lens of equity – will enhance the right to education for undocumented migrant children in South Africa. We conclude that the South African government must urgently consider this integrated approach to enable access to education for undocumented migrant children, so that they can achieve their full educational potential. (shrink)

Sometimes it is not us but those to whom we stand in special relations that face transformative choices: our friends, family, or beloved. A focus upon first-personal rational choice and agency has left crucial ethical questions regarding what we owe to those who face transformative choices largely unexplored. In this paper, I ask: under what conditions, if any, is it morally permissible to interfere with to try to prevent another from making a transformative choice? Some seemingly plausible answers to this (...) question fail precisely because they concern transformative experiences. I argue that we have a distinctive moral right to revelatory autonomy grounded in the value of autonomous self-making. If this right is outweighed then, I argue, interfering to prevent another making a transformative choice is permissible. This conditional answer lays the groundwork for a promising ethics of transformative experience. (shrink)

During the second half of the 20th century education has been recognized as a human right in several international conventions, and the UN also holds that “Education shall be free” and that “Elementary education shall be compulsory” (UN, 1948, Article 26). The education-as-a-human right-project could be viewed as a good intention of global inclusion in recognizing that all individuals have a right to education in virtue of being humans, and the idea of education as a human (...) right thus has a tremendous global significance. However, if we look at this more critically, the education-as-a-human right-project, may not only be grounded in altruistic good intensions for the disadvantaged. The term “elementary education”, or sometimes “primary education”, which is used in several human rights-documents seems to suggest that it is some sort of formalized education. It would be useful however to make a distinction between formal and informal education, as well as between teaching, learning, education and schooling, in the discussion of the right to education and specifically in the discussion concerning education as a “human right”. There is obviously a difference between the right to teach, the right to learn, the right to education and the right to schooling. And how are these rights related to compulsory schooling, compulsory education and the supposed duty to teach and duty to learn? A further concern is what makes this a human right rather than for example a juridical right as a citizen. By addressing these questions within a theoretical framework of social ontology and ameliorative conceptual analysis I believe that we can find new ways of dealing with fundamental problems within philosophy of education such as the nature, purpose and aims of education as well as the right to education. (shrink)