Perhaps the greatest determinant of individual and societal welfare is who raises children and with what degree of discretion. Philosophers have endeavored in myriad ways to provide normative justification for ascribing a right to be a legal parent and to possess particular legal powers as a parent. This Article shows why they fail and offers an alternative theoretical framework for delimiting parental rights. The prevailing tendency in philosophical writing on the topic is to begin with observations and intuitions specific to (...) parent-child relationships. Against that tendency, this Article demonstrates the need to begin with principles at a high level of generality, covering a broad range of human relationships. This yields a much more limited moral right in connection with parenthood than do accounts that fail to generalize. (shrink)

Are children of equal, lesser, or perhaps even greater moral importance than adults? This work of applied moral philosophy develops a comprehensive account of how adults as moral agents ascribe moral status to beings - ourselves and others - and on the basis of that account identifies multiple criteria for having moral status. It argues that proper application of those criteria should lead us to treat children as of greater moral importance than adults. This conclusion presents a basis for critiquing (...) existing social practices, many of which implicitly presuppose that children occupy an inferior status, and for suggesting how government policy, law, and social life might be different if it reflected an assumption that children are actually of superior status. (shrink)

This chapter contains sections titled: Basic Principles Concerning Rights Against Parents' Rights Against State or Citizen Rights Formal Characteristics of Children's Rights Conclusion.

This Article critiques the debate over the nature of rights on the grounds that theorists have failed to specify and defend an ultimate aim, predominantly deployed a standard of success–ext...