Rhetoric, divorce and international human rights: The limits of divorce reform for the protection of children
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This paper, written for a Symposium, identifies and challenges three premises contained in the Symposium's title, "Divorce Reform for the Protection of Children." First, it tacitly assumes that divorce reform can protect "children" in general, rather than a relatively small, and quite demographically distinct, population of children in particular. Second, it assumes that divorce itself poses a danger to these children. Third, it assumes that the law should step in to avert, or at least manage that danger. This paper interrogates each of these propositions. My project may strike some as painfully obvious. Of course there are bigger, broader threats to American children, but this conference is not about the top five threats to American children; it is about divorce. Surely we can make divorce less difficult and less painful for children and surely that is worth doing. There is an impressive assembly of brainpower in this Symposium devoted to precisely that. But my thesis here is that first, there are built-in costs and built-in limits to this particular approach. Second, both can be constructively addressed by re-situating the discussion of the protection of children in the broader rhetorical framework of human rights law.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Kenman L. Wong (1996). Tobacco Advertising and Children: The Limits of First Amendment Protection. [REVIEW] Journal of Business Ethics 15 (10):1051 - 1064.
Thomas M. Olshewsky (1979). A Christian Understanding of Divorce. Journal of Religious Ethics 7 (1):118 - 138.
David Archard, Children's Rights. Stanford Encyclopedia of Philosophy.
A. S. Iltis (2010). Toward a Coherent Account of Pediatric Decision Making. Journal of Medicine and Philosophy 35 (5):526-552.
Donald C. Hubin (1999). Parental Rights and Due Process. The Journal of Law and Family Studies 1 (2):123-150.
Lisa Webley (2004). Divorce Solicitors and Ethical Approaches-The Best Interests of the Client and/or the Best Interests of the Family. Legal Ethics 7:231.
Laura M. Purdy (1988). Does Women's Liberation Imply Children's Liberation? Hypatia 3 (2):49 - 62.
Added to index2009-01-28
Total downloads5 ( #256,176 of 1,410,448 )
Recent downloads (6 months)1 ( #177,872 of 1,410,448 )
How can I increase my downloads?