Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right (...) to the best possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)

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

The book contains original essays by distinguished moral and political philosophers on the topic of the moral and political status of children. It covers the themes of children's rights, parental rights and duties, the family and justice, and civic education.

Philosophers who publish articles that make practical ethical recommendations are thereby offering advice. I consider what obligations they incur in advising. I analyse the giving of advice as a communicative act whose defining and characteristic aim is to secure acceptance of what is advised. Such advice need not be solicited or taken up. I distinguish advice from incitement and threats and specify the scope of the adviser's responsibility for others acting upon the advice. I explore how advice can be bad (...) in how it is given and what is given. I consider, and criticise, various pleas for exemption from the responsibilities of philosophical advising: that advice was not meant; that it wouldn't make any difference anyway; and that the writing was not for those who might act on it. I examine the offering of philosophical advice to policy makers, comparing the views on this of Mary Warnock and Dan Brock. I conclude by asking practical normative philosophers to consider what they should do inasmuch as they are advising. (shrink)

Whether children have rights is a debate that in recent years has spilled over into all areas of public life. It has never been more topical than now as the assumed rights of parents over their children is challenged on an almost daily basis. David Archard offers the first serious and sustained philosophical examination of children and their rights. Archard reviews arguments for and against according children rights. He concludes that every child has at least the right (...) to the best possible upbringing. Denying that parents have any significant rights over their children, he is able to challenge current thinking about the proper roles of state and family in rearing children. Crucially, he considers the problem of how to define and understand `child abuse'. (shrink)

The book contains original essays by distinguished moral and political philosophers on the topic of the moral and political status of children. It covers the themes of children's rights, parental rights and duties, the family and justice, and civic education.

Filial regard is the special consideration that children, even as adults, show their parents and filial morality the demonstration that such a regard is demanded of them. The three main accounts of filial morality, based upon ideas of gratitude, role obligations, and friendship, are shown to be unsatisfactory. The article explores the idea, found in traditional Chinese thinking, that filial regard is the ‘root’ of goodness, and suggests that the Chinese model has been viewed unsympathetically due to an understanding both (...) of the family's role in moral education and of the nature of modern morality. (shrink)

Using the example of an unconsented mouth swab I criticise the view that an action of this kind taken in itself is wrongful in respect of its being a violation of autonomy. This is so much inasmuch as autonomy merits respect only with regard to ‘critical life choices’. I consider the view that such an action is nevertheless harmful or risks serious harm. I also respond to two possible suggestions: that the action is of a kind that violates autonomy; and, (...) that the class of such actions violates autonomy. I suggest that the action is wrongful in as much as it is a bodily trespass. I consider, and criticise, two ways of understanding how morally I stand to my own body: as owner and as sovereign. In respect of the latter I consider Arthur Ripstein's recent defence of a sovereignty principle. Finally I criticise an attempt by Joel Feinberg to explain bodily trespass in terms of personal autonomy. (shrink)

We inhabit a world of differences - cultural, religious, moral, philosophical. The question that preoccupies the contributors to this volume is whether the fact of difference - plurality - inevitably leads to the conclusion that there cannot be a single truth, even in moral matters. As befits a volume on pluralism, it brings together a wide variety of contributors with different backgrounds and distinctive skills and attitudes. The implications of plurality are examined with regard to religion, morality and philosophy itself, (...) but the essays range widely to consider how we should respond at the social and political levels to the facts of plurality and the claims of the pluralist. No reader will be left in any doubt that the debate about pluralism raises questions that are fundamental not only for philosophical argumentation but for society at large. (shrink)

I criticise the ‘liberal’view of the proper relationship between the family and State, namely that, although the interests of the child should be paramount, parents are entitled to rights of both privacy and autonomy which should be abrogated only when the child suffers a specifiable harm. I argue that the right to bear children is not absolute, and that it only grounds a right to rear upon an objectionable proprietarian picture of the child as owned by its producer. If natural (...) parents have any rights to rear they derive from duties to bring their children into rational maturity where they can exercise rights for themselves. The presumption that natural parents are best suited to rear their own children should be discounted, as should the assumption that alternatives to natural parenting are unacceptably bad. I reject the suggestion that parents should be ‘licensed’but argue for a much closer monitoring of the family. Familial privacy, which such monitoring breaches, is shown to have a culturally specific and, given the facts of abuse, dubious value. In conclusion, I briefly specify the forms of monitoring I approve. (shrink)

This book develops some of the most important themes of Sen's works over the last decade. He argues in a rich and subtle approach that we should be concerned with people's capabilities rather than their resources or welfare.

I consider whether political deference by a citizen within a liberal democracy to moral experts is morally problematic. I compare and contrast deference in the political and personal domains. I set to one side consequentialist worries about political deference and evaluate its possible intrinsic wrongness, expressed as a worry that deference is inconsistent with the grant to individuals of the power exercised in a democratic vote, just as personal deference is inconsistent with the grant of a power of moral choice. (...) I consider several possible versions of such inconsistency: that a vote to delegate decision-making to experts is self-defeating, that it is unfree, or is blind to the significance of exercising a political choice, or is a denial of democratic equality. I conclude that the worries are ill-founded and that political deference is not in itself morally troubling. (shrink)

This article defends Richard Titmuss''s argument, and PeterSinger''s sympathetic support for it, against orthodoxphilosophical criticism. The article specifies thesense in which a market in blood is ``dehumanising'''' ashaving to do with a loss of ``imagined community'''' orsocial ``integration'''', and not with a loss of valued or``deeper'''' liberty. It separates two ``domino arguments''''– the ``contamination of meaning'''' argument and the``erosion of motivation'''' argument which support, indifferent but interrelated ways, the claim that amarket in blood is ``imperialistic.'''' Concentrating onthe first domino argument (...) the article considers theview that monetary and non-monetary meanings of thesame good can co-exist given the robustness of certainkinds of relationship and joint undertakings withinwhich gifts can figure. It argues that societalrelationships are vulnerable or permeable to theeffects of the market in a way that those constitutiveof the personal sphere are not.General, more broadly political questions remainunanswered but the core of Titmuss''s original andchallenging argument remains and can be presented ina defensible form. (shrink)

Children are young human beings. Some children are very young human beings. As human beings children evidently have a certain moral status. There are things that should not be done to them for the simple reason that they are human. At the same time children are different from adult human beings and it seems reasonable to think that there are things children may not do that adults are permitted to do. In the majority of jurisdictions, for instance, children are not (...) allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment. What makes children a special case for philosophical consideration is this combination of their humanity and their youth, or, more exactly, what is thought to be associated with their youth. One very obvious way in which the question of what children are entitled to do or to be or to have is raised is by asking, Do children have rights? If so, do they have all the rights that adults have and do they have rights that adults do not have? If they do not have rights how do we ensure that they are treated in the morally right way? Most jurisdictions accord children legal rights. Most countries—though not the United States of America—have ratified the United Nations Convention on the Rights of the Child which was first adopted in 1989. The Convention accords to children a wide range of rights including, most centrally, the right to have their ‘best interests’ be ‘a primary consideration’ in all actions concerning them, the ‘inherent right to life’, and the right of a child “who is capable of forming his or her own views … to express these views freely in all matters affecting the child”. However it is normal to distinguish between ‘positive’ rights, those that are recognised in law, and ‘moral’ rights, those that are recognised by some moral. (shrink)

abstract I consider the putative originality of applied philosophy and seek to defend a version of it often called 'bottom up'. I review ways in which imagined cases may cause us to reconsider our normative commitments, and endorse a general attentiveness to the matter of how the world is and how it might reasonably be imagined. This is important if practical philosophers want to form the correct normative judgements, to be able to recognize the sui generis character of some moral (...) theorising in particular domains, practically to enact their considered judgments, and properly to acknowledge how the real world, in the form of institutions, practices and a cultural framework, constrains, or facilitates, practical enactment. Throughout I illustrate my abstract claims by reference to the moral judgement and legal regulation of sexual behaviour. (shrink)

Professional philosophers are members of bioethical committees and regulatory bodies in areas of interest to bioethicists. This suggests they possess moral expertise even if they do not exercise it directly and without constraint. Moral expertise is defined, and four arguments given in support of scepticism about their possession of such expertise are considered and rejected: the existence of extreme disagreement between moral philosophers about moral matters; the lack of a means clearly to identify moral experts; that expertise cannot be claimed (...) in that which lacks objectivity; and that ordinary people do not follow the advice of moral experts.I offer a better reason for scepticism grounded in the relation between moral philosophy and common-sense morality: namely that modern moral philosophy views even a developed moral theory as ultimately anchored in common-sense morality, that set of basic moral precepts which ordinary individuals have command of and use to regulate their own lives.Even if moral philosophers do nevertheless have a limited moral expertise, in that they alone can fully develop a set of moral judgments, I sketch reasons – grounded in the values of autonomy and of democracy – why moral philosophers should not wish non-philosophers to defer to their putative expertise. (shrink)

Onora O’Neill is one of the foremost moral philosophers writing today. Her work on ethics and bioethics, political philosophy and the philosophy of Kant is extremely influential. Her landmark Reith Lectures on trust did much to establish the subject not only on the philosophical and political agenda but in the world of media, business and law more widely. Reading Onora O’Neill is the first book to examine and critically appraise the work of this important thinker. It includes specially commissioned chapters (...) by leading international philosophers in ethics, Kantian philosophy and political philosophy. The following aspects of O’Neill’s work are examined: global justice Kant the ethics of the family bioethics consent trust. Featuring a substantial reply to her critics at the end of the book, Reading Onora O’Neill is essential reading for students and scholars of ethics and political philosophy. (shrink)