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Justice and Legitimacy in Upbringing$
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Matthew Clayton

Print publication date: 2006

Print ISBN-13: 9780199268948

Published to Oxford Scholarship Online: May 2006

DOI: 10.1093/0199268940.001.0001

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Childrearing Rights and Their Distribution

Childrearing Rights and Their Distribution

(p.48) 2 Childrearing Rights and Their Distribution
Justice and Legitimacy in Upbringing

Matthew Clayton (Contributor Webpage)

Oxford University Press

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

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