Philosophical theories about parental licensing tend to pay insufficient attention to forms of discrimination that may be inherent in, or result from, a system of parental licensing. By situating these theories in relation to the status quo on parental licensing, we aim to show how many of them reinforce what philosophers have called “biologism”: the privileging of families formed through biological reproduction over families formed in other ways. Much of our discussion focuses on biologism, (...) although we also touch on other forms of discrimination that parental licensing can cause or exacerbate, such as classism, sexism, homophobia, racism, and ableism. We firmly believe that any adequate proposal in favour of parental licensing must take worries about discrimination seriously. Unfortunately, most philosophical proposals fail to do so. (shrink)

Hugh LaFollette has proposed that in order to prevent statistically expected harm that many parents inflict on their children prospective parents should be licensed. This article evaluates his proposal by looking at various facts, statistical data and probability estimates related to sex differences in human mating and parenting behaviour provided by evolutionary psychology. It is suggested that these evolutionary considerations create a serious stalemate between certain basic moral principles to which LaFollette subscribes, thus rendering the entire proposal morally impracticable. It (...) is also argued along similar lines that parental licensing would endanger some of the most personal and intimate human relationships that, in LaFollette’s view, are essential for developing one’s capacity for impartial morality. (shrink)

Hugh LaFollette proposed parental licensing in 1980 (and 2010)--not as a requirement for pregnancy, but for raising a child. If you have a baby, are not licensed, and do not get licensed, the baby would be put up for adoption. Despite the intervention required in an extremely personal area of life, I argue that those who endorse the harm principle ought to endorse parental licensing of this sort. Put differently, I show how the harm principle strengthens (...) the case for parental licensing. (shrink)

In this paper, I will argue that some prominent objections to parental licensing rely on dubious claims about the existence of a very stringent, if not indefeasible, right to parent, which would be violated by licensing. I claim that attaching such stringency to the right only makes sense if we make a number of idealising assumptions. Otherwise, it is deeply implausible. Instead, I argue that we should evaluate parental licensing policies in much the same way (...) we would harm reduction policies. By adopting this critical perspective, we can see that there are powerful, but quite different, reasons to be cautious about parental licensing relating to our ability to minimize the harmful effects of mass-parenting in a world of minimal surveillance and intervention. (shrink)

A serious moral weakness of reproductive ‘surrogacy’ is that it can be harmful to the children who are created. This article presents a proposal for mitigating this weakness. Currently, the practice of commercial ‘surrogacy’ operates only in the interests of the adults involved , not in the interests of the child who is created. Whether ‘surrogacy’ is seen as the purchase of a baby, the purchase of parental rights, or the purchase of reproductive labor, all three views share the (...) same significant flaws. They endorse the transfer, for a fee, of the infant from the woman who gestated it to those who commissioned it, but without justifying such a transfer; they fail to demonstrate that the commissioners have any entitlement to the infant, or, for that matter, suitability to be the infant's parents; and they fail to take any notice of the infant's needs, interests, and wellbeing. A mere genetic connection is not enough to establish that the commissioners are entitled to receive the baby or that they are competent to raise it. Their good intentions, however caring, are not enough. Therefore, just as in the practice of adoption, there should be a formal institutionalized system for screening and licensing the prospective social parents, which would make the infant's needs, interests, and wellbeing paramount. I reply to several potential objections to this proposal, including the objection that genetic parents who raise their own child are not screened and licensed. (shrink)

Journal of Social Philosophy, Volume 53, Issue 1, Page 113-126, Spring 2022.

The status quo on parental licensing in most Western jurisdictions is that licensing is required in the case of adoption but not in the case of assisted or unassisted biological reproduction. To have a child via adoption, one must fulfill licensing requirements, which, beyond the usual home study, can include mandatory participation in parenting classes. One is exempt from these requirements, however, if one has a child via biological reproduction, including assisted reproduction involving donor gametes or (...) a contract pregnancy. In an earlier paper, we challenged this system of parental licensing by showing that arguments in favour of it do not succeed. One argument we failed to consider, however, is that prospective biological parents have a right to reproduce that protects them against the sort of state interference that is involved in parental licensing. According to this argument, because prospective adoptive parents do not exercise a similar right when attempting to become parents, they are not similarly protected. In this paper, we argue that this reproductive rights argument, like other arguments in favour of the status quo on parental licensing, is flawed. We also question whether people in fact have a right to reproduce, and in doing so distinguish this right from others that we think are legitimate, including a right to become a parent and a right to bodily autonomy. (shrink)

The process of adopting a child is “not for the faint of heart.” This is what we were told the first time we, as a couple, began this process. Part of the challenge lies in fulfilling the licensing requirements for adoption, which, beyond the usual home study, can include mandatory participation in parenting classes. The question naturally arises for many people who are subjected to these requirements whether they are morally justified. We tackle this question in this paper. In (...) our view, while strong reasons exist in favour of licensing adoptive parents, these reasons support the licensing not only of adoptive parents, but of all or some subset of so-called “natural” parents as well. We therefore conclude that the status quo with respect to parental licensing, according to which only adoptive parents need to be licensed, is morally unjustified. (shrink)

LaFollette proposed that the best way to protect children from abuse and neglect caused by their parents would be to implement parental licenses to prospective parents. In this paper, I re-evaluate his proposal by looking at various facts and data related to child abuse and neglect. It will be suggested that (a) parenting as a profession does not satisfy the third of LaFollette’s criteria for the introduction of licenses, which is “The benefits of the licensing program outweigh any (...) theoretical reasons against it” (LaFollette 2010, 328), (b) it would subject too many people to unnecessary tests and (c) parenting cannot be compared to other professions licenses are usually issued for. (shrink)

This book examines the negative power that child maltreatment has on individuals and society ethically and politically, while analyzing the positive power that parental love and healthy families have. To address how best to confront the problem of child maltreatment, it examines several policy options, ultimately defending a policy of licensing parents, while carefully examining the tension between child and adult rights and duties.

The Hague Conference on Private International Law currently has a Parentage/Surrogacy Project, which evaluates the legal status of children in cross-border situations, including situations involving international contract pregnancy. Should a convention focusing on international contract pregnancy emerge from this project, it will need to be consistent with the Hague convention on Intercountry Adoption. The latter convention prohibits adoptions unless, among other things, ‘the competent authorities of the receiving State have determined that the prospective adoptive parents are eligible and suited to (...) adopt’. Included in it, therefore, is a parental vetting or licensing requirement. In our view, a similar requirement must also appear in any Hague Convention on international contract pregnancy if the two conventions are to be ethically consistent with one another. In particular, there should be a licensing requirement in such a convention for at least some of the prospective parents in contract pregnancy arrangements. We consider several arguments against this conclusion, and argue that none of them is successful. (shrink)

In this essay I shall argue that the state should require all parents to be licensed. My main goal is to demonstrate that the licensing of parents is theoretically desirable, though I shall also argue that a workable and just licensing program actually could be established.

In this paper we re-examine Hugh LaFollette's proposal that the state carefully determine the eligibility and suitability of prospective parents before granting them a ?license to parent?. Assuming a prima facie case for licensing parents grounded in our duty to promote the welfare of the child, we offer several considerations that complicate LaFollette's radical proposal. We suggest that LaFollette can only escape these problems by revising his proposal in a way that renders the license effectively obsolete, a route he (...) implicitly adopts in his recent revisiting of the licensing proposal. We conclude that there is little merit in the idea of licensing ?natural? parents as a practical policy proposal, and raise some questions about its continued use in relation to adoptive and foster parents. (shrink)

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

Parenting has an ambiguous place within the liberal tradition. On the one hand, liberal theorists have traditionally portrayed it as a private activity. On the other hand, they have also acknowledged the need for some public regulation of parenting in order to protect children’s interests. Some theorists have suggested that this ambiguity within liberalism can be best resolved by implementing parental licensing plans that would limit childrearing opportunities strictly to individuals who could prove their psychological, moral, and financial (...) competency to raise children well. In this article, I critique parental licensing schemes from a liberal perspective and argue that public parenting support, including paid parenting leaves, public childcare subsidies, and the like, is more consistent with liberal values and, in fact, a necessary component of any coherent liberal theory of justice. (shrink)

As medical technology continues to improve, more people will live longer lives with multiple chronic illnesses with increasing cumulative debilitation, including cognitive dysfunction. Combined with the aging of society in most developed countries, an ever-growing number of patients will require surrogate decision-makers. While advance care planning by patients still capable of expressing their preferences about medical interventions and end-of-life care can improve the quality and accuracy of surrogate decisions, this is often not the case, not infrequently leading to demands for (...) ineffective, inappropriate and prolonged interventions. In 1980 LaFollette called for the licensing of prospective parents, basing his argument on the harm they can do to vulnerable people. In this paper, I apply his arguments to surrogate decision-makers for cognitively incapacitated patients, rhetorically suggesting that we require potential surrogates to qualify for this position by demonstrating their ability to make reasonable and rational decisions for others. I employ this theoretical approach to argue that the loose criteria by which we authorize surrogates’ generally unchallenged power should be reconsidered. (shrink)

Tri-parent baby technology is an assisted reproductive treatment which aims to minimize or eliminate maternal inheritance of mutated mitochondrial DNA. The technology became popular following the move by the United Kingdom in granting license to a group of researchers from the Newcastle Fertility Centre, Newcastle University to conduct research on the symptoms of defective mtDNA. This technology differs from other assisted reproductive technology because it involves the use of gamete components retrieved from three different individuals. Indirectly, it affects the preservation (...) of lineage which is important from an Islamic point of view. This paper aims to analyze and discuss the implications of the tri-parent technology on preservation of lineage from the perspective of Maqasid al-Shari’ah based the Islamic bioethics. The analysis shows that there are a few violations of the preservation of lineage, hence the tri-parent baby technology should not be permitted. (shrink)

This chapter explores the topic of whether we should institute some kind of parental licensing scheme, that is, require biological parents to demonstrate certain competence and character before they are permitted to parent their biological children. Existing concerns regarding parental licensing tend to be practical concerns such as whether there can be a reliable way of determining who is a competent parent and whether the parental licensing scheme can be enforced. These practical concerns leave (...) open the possibility that parental licensing is theoretically correct. This chapter presents a new, theoretical case against parental licensing. In particular, it is argued that biological parenting should not be licensed because biological parenting is a fundamental right and fundamental rights should not be licensed. (shrink)

I first argue that forms of regulated parenting are presumptively justified whereas private parenting is not. Then, I argue that the reasons we have to believe that regulated parenting is justified give us reasons to believe that individuals who are objectionably intolerant—that is, they subscribe to prejudicial dogmas such as racism, sexism, and homophobia to such an extent that their ability to direct caring attitudes toward, for example, Black people, women, and/or gay people is significantly impaired—ought not to rear children. (...) Finally, I argue that if these people ought not to rear children, we have special reason to institute a scheme of parental licensing to ensure they do not. (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)

In lieu of an abstract, here is a brief excerpt of the content:Resilience and the Narratives of Parents of Adults with Autism Spectrum DisordersNabil Hassan El-GhorouryThe prevalence of autism spectrum disorders (ASDs) is on the rise; the most recent report from the Autism and Developmental Disabilities Monitoring Network (2012) indicated a prevalence of ASDs of one in 88 children. This was a 78% increase from reported prevalence rates in 2002, when the rate was one in 150. Major health organizations have (...) been emphasizing the importance of early identification (Johnson, Myers, & Council on Children with Disabilities, 2007) to increase access to early intervention services, which are most effective when implemented before age three (Rogers & Vismara, 2008).The bulk of autism research has been focused on children, particularly young children. Given the growing identification and prevalence of ASDs, there will be more and more adolescents and adults with ASDs in the near and long term future. This issue of Narrative Inquiries in Bioethics is important because of its focus on an underrepresented area in the literature. The constraints of current health care delivery systems do not allow for providers to spend significant amounts of time with their patients. Furthermore, hearing first person narratives can be valuable by informing health care professionals about the experiences that parents (and by extension, the individual with an ASD) have experienced.As a licensed clinical psychologist with over two decades of experience with children, adolescents, and adults with ASDs in a variety of settings, I have a professional perspective on autism. As the older brother of Omar, a 38–year–old adult male with autistic disorder, I also have a lifetime of personal experiences of autism. As long as I can remember, I have had a brother with autism. I hope this unique perspective as both a behavioral health care provider and a family member of an adult with an ASD allows me to comment on these narratives in a thoughtful manner.Seeing Beyond Autism: Multiple IdentitiesMany parents commented on how their child was more than just autism or Asperger’s; they reflected on the strengths, unique experiences, and perspectives of their child. The narratives are rich in their desire to see the whole being of their children. Anonymous One writes:Another thing, and I think every parent will agree with this—teachers, school staff, health care industry staff, doctors and every one that comes into contact with an ASD individual—take the time to get to know them. It may be difficult and some may appear non–caring and rude. You must overlook this and look to the person underneath. They are great people. They have been through stuff and it means so much to them. Like I said—parents, you know this. Please remember it when times get tough. [End Page 189]Mark Osteen wrote about his son Cameron as they were making the decision to place their son in a residential placement: “I felt proud. It was like he was being recruited for college. And I am just as proud of him, and love him just as much, as if he were. What I hate is talking only about his ‘disability.’ I hope they see his good qualities. How smart he is. How funny he is. How charming he is. How strong he is.”Understanding the multiple identities of individuals with ASDs is important for parents so that they are not solely focused on the autism diagnosis. The talents and skills of the young adults described are remarkable. Anonymous One’s son David became a computer engineer at 13, reportedly “he was the youngest person in the United States to do so at such a young age.” Lori Centineo’s son Nathaniel is a poet, a rock climber, and skilled at sailing. Virginia Clapp’s son Nathaniel is a “chess genius”, a talented juggler “with the ability to juggle seven balls, which he told me is ‘insanity in a nutshell’,” and an origami expert. David McDonald’s nephew grew from a teenager who spoke only 30 words to speaking thousands of words and ultimately becoming a world traveler. Anonymous Four’s son Sam is “practically an expert” in earth sciences.Seeing beyond the autism is not always easy. Given the serious challenges... (shrink)

A liberal antinomy of parenting exists: strong liberal intuitions militate in favor of both denying special resources to parenting projects (on grounds of project-neutrality) and granting them (on grounds of respect for personhood). I show that we can reconcile these two claims by rejecting a premise common to both--viz. that liberalism is necessarily committed to extensive procreative liberties--and limiting procreation and subsequent parenting to adults who meet certain psychological and especially financial criteria. I also defend this argument, which provides a (...) Kantian complement to utilitarian arguments for restricting procreation, against a variety of objections. (shrink)

In the past, the Hague Conference on Private International Law has shaped how people can become the legal parents of children born in countries other than their own. It did so by creating the 1993 Hague Convention on Intercountry Adoption. It is now interested in developing a convention on international contract pregnancy. We discuss in this commentary what such a convention would have to include for it to be ethically consistent with the Convention on Adoption.

Mitochondrial DNA (mtDNA) diseases are a group of neuromuscular diseases that often cause suffering and premature death. New mitochondrial replacement techniques (MRTs) may offer women with mtDNA diseases the opportunity to have healthy offspring to whom they are genetically related. MRTs will likely be ready to license for clinical use in the near future and a discussion of the ethics of the clinical introduction ofMRTs is needed. This paper begins by evaluating three concerns about the safety of MRTs for clinical (...) use on humans: (1) Is it ethical to use MRTs if safe alternatives exist? (2) Would persons with three genetic contributors be at risk of suffering? and (3) Can society trust that MRTs will be made available for humans only once adequate safety testing has taken place, and that MRTs will only be licensed for clinical use in a way that minimises risks? It is then argued that the ethics debate about MRTs should be reoriented towards recommendingways to reduce the possible risks of MRT use on humans. Two recommendations are made: (1) licensed clinical access to MRTs should only be granted to prospective parents if they intend to tell their children about their MRT conception by adulthood; and (2) sex selection should be used in conjunction with the clinical use ofMRTs, in order to reduce transgenerational health risks. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

Of all the changes to the Human Fertilisation and Embryology Act 1990 that were introduced in 2008 by legislation of the same name, foremost to excite media attention and popular controversy was the amendment of the so-called welfare clause. This clause forms part of the licensing conditions which must be met by any clinic before offering those treatment services covered by the legislation. The 2008 Act deleted the statutory requirement that clinicians consider the need for a father of any (...) potential child before offering a woman treatment, substituting for it a requirement that clinicians must henceforth consider the child’s need for “supportive parenting”. In this paper, we first briefly recall the history of the introduction of s 13(5) in the 1990 Act, before going on to track discussion of its amendment through the lengthy reform process that preceded the introduction of the 2008 Act. We then discuss the meaning of the phrase “supportive parenting” with reference to guidance regarding its interpretation offered by the Human Fertilisation and Embryology Authority. While the changes to s 13(5) have been represented as suggesting a major change in the law, we suggest that the reworded section does not represent a significant break from the previous law as it had been interpreted in practice. This raises the question of why it was that an amendment that is likely to make very little difference to clinical practice tended to excite such attention (and with such polarising force). To this end, we locate debates regarding s 13(5) within a broader context of popular anxieties regarding the use of reproductive technologies and, specifically, what they mean for the position of men within the family. (shrink)

While commercial surrogate parenting arrangements continue to flourish in the U.S., Britain has made it a criminal offense for third parties to benefit from surrogacy. Voluntary surrogacy, however is still within the law. Banning commercial surrogacy while leaving voluntary surrogacy lawful seems neither logical nor fair. A more equitable solution would be to license stringently and control both commercial and nonprofit agencies to provide these services.

In lieu of an abstract, here is a brief excerpt of the content:134 Feminist Studies 41, no. 1. © 2015 by Gabeba Baderoon Focal Length Gabeba Baderoon I take out the black and white photos I brought with me from Cape Town and haven’t looked at for years and stand them next to one another on the dining room table. In one, my mother in her white coat at the hospital looks up from her notes, distracted, in the grainy matte (...) finish you could ask for in the eighties instead of gloss. Here she is, younger, standing by the window, holding the telephone with its spiraling black cord to her ear, the curtain slanting to the side as she turns away from the camera. I take down from the wall the framed collection of Rafi’s baby photos I’d found wrapped in tissue paper among the tablecloths in the sideboard we inherited from his parents and line us up with each other. There he is, his face fitting into his mother’s shoulder; his brother holding him with hands under the armpits the way he was told; posing by a white door in a hooded woolen coat, his head reaching just above the handle. When I unwrapped them, the tissue paper had only one set of creases, untouched since she packed them for their long journey. In the soft focus of faded paper, I am standing with my back to a VW Beetle I know is pale green, my hands tucked behind me against the bumper, the license plate showing the number from the time before we moved from Uitenhage to Cape Town. In this one, I am on my mother’s lap, leaning against her like gravity. In the photo the focus shifts between my face and my mother’s. She is looking at me, like my father who is taking the picture. My face is clear and hers slightly blurred, as though his eyes are moving between us, as though the camera cannot capture the eye’s oscillation between two people one loves at the same time. One photo had been folded into three, bent once and then again to fit into a pocket, close enough to the skin to warm the paper, and then smoothed out again to fit into a frame. In it, I am turning sideways toward the camera—someone must have called my name—and a line creases just Gabeba Baderoon 135 beneath my eyes. Folded, hidden, forgotten, memory doesn’t come to me straight. The pleat of the curtain as she leans against it, his face in the crook of her shoulder as though he would never leave, me turning toward my name, the paper keeping its original crease. Poetry for Beginners In the evening poetry class for beginners in the community hall during the introductions a girl looking down behind her hair and a thick brown coat she doesn’t take off breathes in deep and risking something says fast my boyfriend’s in prison and I’m here to find out how to write to him through the bars and someone laughs and she pulls herself back into her coat and from inside looks past us and the next week doesn’t come back and I think of her for years and what poetry is I think of her long pause at the beginning her silence before and her silence after and I think this is my origin where poetry is risk, is betrayal and the memory of the first question how not to be alone 136 Gabeba Baderoon ID Photos In the small caravan parked permanently next to the Traffic Department with the handwritten sign ID Photos Taken Here its wheels rusted into place the young old photographer with dreadlocks and a tired poet’s face is shaking his head from side to side muttering some version of no just before me a woman in a long black skirt and black veil unties the loop of fabric knotted behind her head and her face briefly emerges the young old photographer sees everything hundreds of unclaimed photos line the inside of his caravan the making of identity interrupted and turned into small sad signs of something else we don’t look at... (shrink)

In the recent and not-too-distant past many of our parents, grandparents and forbears believed that a person’s skin colour and physiognomy, gender, or sexuality licensed them being regarded and treated in ways that are now widely recognised as blatantly unjust, disrespectful, cruel and brutal. But the nineteenth, twentieth, and twenty-first centuries have hosted a series of radical changes in attitudes, beliefs, behaviour and institutionalised practices with regard to the fundamental moral equality of what were once seen as different “kinds of (...) people.” This paper explores the social structure of such “moral revolutions,” via the Wittgensteinian- and Kuhnian- inspired concepts moral perception, moral certainty, normal morality, and moral paradigm. (shrink)

In an age in which the regulatory state frequently deals with spending, licensing, and employment, the use of allocating powers is perceived as an appealing means by which to prevent discriminatory practices against individuals within illiberal communities. In addition to its easy availability, conditional funding is regarded as both an effective and—in comparison with legal prohibitions—less drastic tool for the prevention of discrimination. Such conditions are thought to be efficient because they increase the relative cost of the discriminatory practice (...) and in doing so create an economical incentive to avoid discrimination. Moreover, these conditions are thought to be less-coercive , because they still allow those subject to them to choose between the more expensive option of discrimination and the cheaper option of non-discrimination. In other words, these conditions are perceived as "Less Drastic Means." In this Article, I will argue that such a perception is false. When applied to the poor such conditionality is not less coercive than prohibitions in criminal law. It is more than reasonable to assume that attempts to rectify this flaw by exempting poor people from conditional funding will render such funding ineffective in preventing discrimination. In the final analysis—when one takes into account both the problem of the commodification of values and the inequality between rich and poor—the use of conditional finding as a means of promoting liberal values will, in most cases, be unjust. If we believe that the antidiscrimination principle has a lexical priority over a parent’s right to educate their children in accordance to their culture, we should choose the path of prohibition and abandon that of conditional funding. (shrink)

When is it ethically permissible for clinicians to surgically intervene into the genitals of a legal minor? We distinguish between voluntary and nonvoluntary procedures and focus on nonvoluntary procedures, specifically in prepubescent minors (“children”). We do not address procedures in adolescence or adulthood. With respect to children categorized as female at birth who have no apparent differences of sex development (i.e., non-intersex or “endosex” females) there is a near-universal ethical consensus in the Global North. This consensus holds that clinicians may (...) not perform any nonvoluntary genital cutting or surgery, from “cosmetic” labiaplasty to medicalized ritual “pricking” of the vulva, insofar as the procedure is not strictly necessary to protect the child’s physical health. All other motivations, including possible psychosocial, cultural, subjective-aesthetic, or prophylactic benefits as judged by doctors or parents, are seen as categorically inappropriate grounds for a clinician to proceed with a nonvoluntary genital procedure in this population. We argue that the main ethical reasons capable of supporting this consensus turn not on empirically contestable benefit–risk calculations, but on a fundamental concern to respect the child’s privacy, bodily integrity, developing sexual boundaries, and (future) genital autonomy. We show that these ethical reasons are sound. However, as we argue, they do not only apply to endosex female children, but rather to all children regardless of sex characteristics, including those with intersex traits and endosex males. We conclude, therefore, that as a matter of justice, inclusivity, and gender equality in medical-ethical policy (we do not take a position as to criminal law), clinicians should not be permitted to perform any nonvoluntary genital cutting or surgery in prepubescent minors, irrespective of the latter’s sex traits or gender assignment, unless urgently necessary to protect their physical health. By contrast, we suggest that voluntary surgeries in older individuals might, under certain conditions, permissibly be performed for a wider range of reasons, including reasons of self-identity or psychosocial well-being, in keeping with the circumstances, values, and explicit needs and preferences of the persons so concerned. Note: Because our position is tied to clinicians’ widely accepted role-specific duties as medical practitioners within regulated healthcare systems, we do not consider genital procedures performed outside of a healthcare context (e.g., for religious reasons) or by persons other than licensed healthcare providers working in their professional capacity. (shrink)

The crisis in donor organ and tissue supply is one of the most difficult challenges for transplant today. New policy initiatives, such as the driver's license option and requiredrequest, have been implemented in many states, with other initiatives, such as mandatedchoice and presumedconsent, proposed in the hopes of ameliorating this crisis. At the same time, traditional acquisition of organs from human cadavers has been augmented by living human donors, and nonheartbeating human donors, as well as experimental animal and artificial sources. (...) Despite these efforts, the crisis persists and is perhaps most tragic when it threatens the lives of children, driving parents to sometimes desperate measures. Herein, we address one very controversial step some parents have taken to obtain matching tissue or organs for their needy children—that is, having a child, in part, for the purpose of organ or tissue procurement. (shrink)

What do we as a society, and as parents in particular, owe to our children? Each chapter in Taking Responsibility for Children offers part of an answer to that question. Although they vary in the approaches they take and the conclusions they draw, each contributor explores some aspect of the moral obligations owed to children by their caregivers. Some focus primarily on the responsibilities of parents, while others focus on the responsibilities of society and government. The essays reflect a mix (...) of concern with the practical and the philosophical aspects of taking responsibility for children, addressing such topics as parental obligations, the rights and entitlements of children, the responsibility of the state, the role and nature of public education in a liberal society, the best ways to ensure adequate child protection, the licensing of parents, children’s religious education, and children’s health. Taking Responsibility for Children will be of interest to philosophers, advocates for children’s interests, and those interested in public policy, especially as it relates to children and families. (shrink)

Objective: To pilot informed consent materials developed for Aboriginal parents in a vaccine trial, and evaluate their design and the informed consent process.Methods: Cross sectional quantitative and qualitative survey of 20 Aboriginal and 20 non-Aboriginal women in Alice Springs. Information about the proposed research was presented to Aboriginal participants by an Aboriginal researcher, using purpose designed verbal, visual, and written materials. Non-Aboriginal participants received standard materials developed by the sponsor. Questionnaires were used to evaluate recall and understanding immediately and five (...) days later. Qualitative analysis of Aboriginal participants’ interviews was performed.Results: There were no differences between the groups in understanding of diseases prevented by the vaccine, the potential risks of participating, or the voluntary nature of participation. Most Aboriginal participants had difficulty with the concept of a “licensed” versus “unlicensed” vaccine. The non-Aboriginal group had a good understanding of this. Aboriginal participants identified the use of the flipchart, along with a presentation by a doctor and Aboriginal health worker, as preferred delivery modes. Group presentations were preferred rather than one-on-one discussions. The use of the questionnaire posed considerable methodological difficulties.Conclusions: A one-off oral presentation to Aboriginal participants is unlikely to produce “informed consent”. Key but unfamiliar concepts require identification and particularly considered presentation. (shrink)

Our families are our first and most important ethical training grounds. But what is the family? And what are our ethical commitments to our family members and to the broader moral community? After a brief introductory chapter on basic ethical concepts and theories, the essays in this volume provide readers with ethical analyses of issues ranging from same-sex marriage to a controversial proposal to "license" parents. The chapters cover love, sex, marriage, parents and children, the relationship between the family and (...) the larger moral community, and the influence of emerging technologies on the ethical issues inherent in family life. The volume is intended to open up this exciting territory in applied ethics to those interested in philosophy, family studies, social work, and to anyone who wants a deeper understanding of the ethical forces at work in this most basic social institution. (shrink)

Ever so often in the UK, there is a flurry of activity around the information requirements of donor-conceived individuals. In April 2013, it was the launch of a report from the Nuffield Council on Bioethics that brought the issue back to public consciousness.1Since 1991, information about treatment with donor gametes or embryos has been collected by the Human Fertilisation and Embryology Authority . Since then, over 35 000 donor-conceived individuals have been born through treatment in licensed clinics. Medical information and (...) information about donors’ appearance are collected by clinics, and donors are encouraged to put together a ‘pen portrait’ giving information about themselves for any resulting children. One focus of the new report is on improving the quality and quantity of information available about donors.Traditionally, gamete and embryo donations were practised on an anonymous basis, so that those born as a result of such donation may receive only non-identifying information about the donor when they reach the age of 18 . This changed in 2005 when donor anonymity was removed so that anyone donating after that time could be identified to individuals born as a result of the treatment. Those who have donated in the past are also able to reregister as identifiable donors. Much concern was expressed at the time that this would exacerbate the shortage of donors although the Nuffield Council on Bioethics reports that, 8 years on, those clinics that actively recruit donors appear to be successful in finding sufficient donors. The report recommends that the option of anonymous donation should not be reintroduced.A big issue of debate in the UK has been, and continues to be, whether parents should tell their …. (shrink)

This chapter will sketch a political critique of recent arguments for human enhancement. While on paper it may be possible to sketch out visions of a world in which the pursuit of genetic enhancement of human beings does not lead to a renewed interest in racial hygiene and widespread violations of human rights, the political assumptions one must make in order to hold that this is possible in the real world are – I will argue – excessively optimistic. In reality, (...) the pursuit of human enhancement is all-too-likely to lead us back to something that looks very much like the old eugenics wherein the state is, as a matter of routine, licensing who is allowed to have children and what sort of children they are allowed to have, and thus infringing the reproductive liberty of parents. Similarly, the notion that states will confine the use of technologies of genetics enhancement to the promotion of the welfare of those who are “enhanced” and will resist the temptation to engineer some for the benefits of others also relies on a number of dubious assumptions about the political cultures of the societies in which genetic technologies are likely to be used. A more realistic politics should lead us to be much more cautious about defending the “rights” of parents to enhance their children. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

The book’s introduction points out that many international declarations claim that children have a right to be loved, but that philosophically speaking, there are a number of reasons to question whether there is in fact such a right. The introduction then lays out a plan to show that children have a right to be loved by answering questions such as whether children can have rights, what grounds the right to be loved, whether love is an appropriate object of a right, (...) who has the corresponding duty to love a child, how demanding the duty to love should be, whether biological parenting should be licensed, and whether there is a duty to adopt those children who do not have adequate parents. (shrink)

Introduction -- Value theory : the nature of the good life -- Epicurus letter to Menoeceus -- John Stuart Mill, Hedonism -- Aldous Huxley, Brave new world -- Robert Nozick, The experience machine -- Richard Taylor, The meaning of life -- Jean Kazez, Necessities -- Normative ethics : theories of right conduct -- J.J.C. Smart, Eextreme and restricted utilitarianism -- Immanuel Kant the good will & the categorical imperative -- Thomas Hobbes, Leviathan -- Philippa Foot, Natural goodness -- Aristotle, Nicomachean (...) ethics -- W.D. Ross, What makes right acts right? -- Hilde Lindemann, What is feminist ethics? -- Metaethics : the status of morality -- David Hume, Moral distinctions not derived from reason -- J.L. Mackie, The subjectivity of values -- Gilbert Harman, Ethics and observation -- Mary Midgley, Trying out one's new sword -- Michael Smith, Rrealism -- Renford Bambrough, Pproof -- Moral problems -- Peter Singe, The Singer solution to world poverty -- Heidi Malm, Paid surrogacy: arguments and responses -- Ronald Dworkin, Playing God : genes, clones, and luck -- James Rachels, The morality of euthanasia -- John Harris, The survival lottery -- Peter Singer, Unsanctifying human life -- William F. Baxter, People or penguins : the case for optimal pollution -- Judith Jarvis, Tthomson a defense of abortion -- Don Marquis, Why abortion is immoral -- Jonathan Bennett, The conscience of Huckleberry Finn -- Michael Walzer, Terrorism : a critique of excuses -- David Luban, Liberalism, torture, and the ticking bomb -- Martin Luther King, Jr., Letter from Birmingham City Jail -- Igor Primoratz, Justifying legal punishment -- Stephen Nathanson, An eye for an eye -- Michael Huemer, America's unjust drug war -- John Corvino, Why shouldn't Tommy and Jimmy have sex? : a defense of homosexuality -- Bonnie Steinbock, Adultery -- Hugh Lafollette, Licensing parents -- Jane English, What do grown children owe their parents? (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Playing with Time. Ovid and the FastiSara MackNewlands, Carole E. Playing with Time. Ovid and the Fasti. Ithaca and London: Cornell University Press, 1995. Pp. xii 1 254.I learned a great deal from Carole Newlands’ Playing with Time about a poem with which I have always had difficulty. Newlands takes the Fasti seriously as a poem. She sees it as an artistically shaped creation, not a mishmash of (...) religious and mythological lore, and she regards its constantly shifting perspectives as intended and effective. I think she is right.The introduction, “The Problem of Ovid’s Fasti,” looks briefly at past assessments of the poem before setting out Newlands’ own thesis: The Fasti is “an exciting, experimental game with genre that offers a profound meditation on the changes and tensions in Roman society in the latter years of Augustus’ reign and the early years of Tiberius’” and that expresses “disenchantment with a political system that could guarantee neither the peace nor the freedom in which the elegiac [End Page 149] poet could flourish” (18). The rest of the chapter is devoted chiefly to outlining the argument of the remaining chapters.Chapter 1, “Stellar Connections,” examines the star myths of the Fasti. “Far from providing attractive digressions from Roman ritual, the myths interact with the Roman material, occasionally confirming but more often challenging or undermining the points of view encoded there” (31). Whether they in fact “contribute substantially to the dynamic tension in the poem between Ovid’s former erotic preoccupations and his new national themes,” it is certainly true, as she claims, that Ovid’s introduction of the astronomical theme at F. 1.295ff. has more to do with poetics than it does with astronomy. As always Ovid writes with an eye on his predecessors.In chapter 2, “Narrator and Interlocutors,” Newlands argues that “Ovid invites us to follow his development as a student and teacher of ‘sacra’ who discovers in the Roman past not an inspirational repository of noble heroes, but a patchwork of license and repression, nobility and violence, that is contingent on a variety of competing interests” (52). The narrator becomes increasingly reliant on sub-narrators for information as he becomes less confident in his own ability as narrator and in the feasibility of his project: an elegiac poem on Roman themes.In chapter 3 Newlands argues the need to look at the description of the temple of Mars Ultor in the context of the whole of book 5 and with an eye to the bias of its narrator in order to assess its presence in a poem that initially claims to oppose aras to arma. “The star myths of Chiron (379–414) and Orion (493–544), offer divergent perspectives upon the key concepts of war, Roman history, and revenge that are enshrined in the temple” (89). Mars, who takes over the narrative, has his own perspective on things. Furthermore, Mars has taken over the role of the Scorpion in Ovid’s rewrite of the catasterism myth of Orion and Scorpio “in a substitution that... gives a hint that the concept of revenge, glorified in the war god’s new Augustan temple, cannot be wholly refined of brutal elements” (114). I found this a very interesting chapter, although I was not convinced by some of the details, such as the contrast between Achilles’ and Romulus’ pietas. The analogy with the dream vision in the Aeneid is a bit misleading because the proper parallel is not Aeneas in tears vs. Romulus dry-eyed, as the argument suggests, but rather Aeneas in tears vs. the twins’ parents in tears.Chapter 4, “Priapus Revisited,” examines book 6 as “a negative mirroring of the themes of Book 1” (125). One of its major topics is Ovid’s treatment of Vesta. Newlands examines the Priapus-Vesta episode in book 6 which is usually read as a failed and expendable doublet of Priapus-Lotis in book 1. I think she is right that each has a spot in the poem and that part of the fun of the Vesta episode is that Vesta doesn’t fit into a world where nymphs may get raped while they sleep off the... (shrink)

« Réfléchir aux similarités entre des répertoires très éloignés dans le temps et l’espace permet parfois de repenser à nouveaux frais les oppositions catégorielles qui nous servent à appréhender les genres musicaux. C’est ce qu’avait fait Simha Arom dans un article sur les parentés inattendues entre polyphonies africaines et polyphonies médiévales. En décal(qu)ant ce rapprochement avec la musique techno née à Detroit dans les années 1980-1990, on propose de montrer que l’opposition entre musiques savantes, traditionnelles et populaires, opérante dans le (...) monde occidental depuis le début du xix e siècle, gagne à être enrichie par d’autres grilles d’analyse pour complexifier la cartographie des objets musicaux qui peuplent le monde de la musique aujourd’hui. ». (shrink)

In this essay I advance major criticisms of recent work on the concept of liberty by, Among others, I berlin, G maccallum, H j mccluskey, S I benn, And f oppenheim. Emerging from these critical analyses is a new definition of 'liberty, In the spirit of negative liberalism', Which differentiates it from the related but distinct goods of human autonomy, Opportunity, Ability, Power, And self-Development.