Chapter

Childrearing Rights and Their Distribution

Matthew Clayton

in Justice and Legitimacy in Upbringing

Published in print April 2006 | ISBN: 9780199268948
Published online May 2006 | e-ISBN: 9780191603693 | DOI: http://dx.doi.org/10.1093/0199268940.003.0003
Childrearing Rights and Their Distribution

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On what bases should childrearing rights and resources be allocated to different individuals? Criticising child-centred responses to this question, this chapter sets out a dual interest conception that takes into account the interests of parents as well as children. First, it offers a liberal defence of accommodating the interests of parents when deciding who should rear children. Dworkin’s hypothetical insurance scheme is extended to defend a conception of justice in childrearing in which resources are diverted to those who lack valuable parenting assets, or to parents whose children are difficult or costly to raise. The use of hypothetical insurance to theorize childrearing issues is defended against several objections. Finally, more detail is provided with respect to the nature of the rights that issue from the particular dual interest conception of childrearing that is defended.

Keywords: childrearing rights; parental interests; hypothetical insurance; Dworkin; equality; justice; rights

Chapter.  15642 words. 

Subjects: Political Theory

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