THE MORAL STATUS OF CHILDREN:
CHILDREN'S RIGHTS, PARENTS' RIGHTS, AND FAMILY
JUSTICE
Written with Professor Samantha Brennan, University of Western
Ontario
Social Theory and Practice, Spring, 1997.
This paper has three parts. In the first, we propose several plausible
claims that place constraints on theorizing about the moral status of children.
We think that these claims embody a common sense and attractive understanding
of children's moral status. These constraints appear to be inconsistent.
To the extent that they do capture the common sense view of children, that
view would seem to be inconsistent. In the second part we offer a rights-based
theory of the moral status of children which, we claim, both respects the
constraints that define the common sense position and resolve its internal
conflicts. Finally, we offer some thoughts on the moral nature of parenting
and on how public policy might look if it were it based on the philosophical
view we propose.