David Archard

This title was first published in 2003. This book critically examines the moral and political status of the child by a consideration of three interrelated questions: What rights if any does the child have? What rights over and duties in respect of a child do parents have? What rights over and duties in respect of a child does the state have? David Archard adopts three areas for particular discussion on the practical implications of the general theoretical issues: education, child protection policy, and the medical treatment of children. Providing a clear legal context and a sharper, contemporary discussion of the question of rights, this book presents a clear introduction to the key issues in the moral and political status of children.

If rape is evaluated as a serious wrong, can it also be defined as non-consensual sex (NCS)? Many do not see all instances of NCS as seriously wrongful. I argue that rape is both properly defined as NCS and properly evaluated as a serious wrong. First, I distinguish the hurtfulness of rape from its wrongfulness; secondly, I classify its harms and characterize its essential wrongfulness; thirdly, I criticize a view of rape as merely ‘sex minus consent’; fourthly, I criticize mistaken attempts to discount the wrongfulness of rape for those who do not value sex; fifthly, I contrast two models for weighing interests, according to one of which rape is not seriously wrongful; finally, I sketch a defence of the view that our sexual integrity ought to be a central interest of ours.

John O'Neill argues in a recent article, ‘Should Communitarians be Nationalists?’, that communitarians are wrong to be committed to the defence of ties of nationhood, both because the nation‐state's rise is associated with the disappearance of the ties of community and because the nation is an illusory community. I argue that the evidence that communitarianism is committed as charged to the defence of nationality is unconvincing. Further, the familiar accusation that the nation is a false or unreal community is neither perspicuous nor obviously true. It is important to evaluate the significance and worth of the nation as a community independently of the nationalist prescription that the nation and the state should coincide. The important question is not whether the political community should be a nation, but what sort of community the nation should be.

Children are young human beings. Some children are very young human beings. As human beings children evidently have a certain moral status. There are things that should not be done to them for the simple reason that they are human. At the same time children are different from adult human beings and it seems reasonable to think that there are things children may not do that adults are permitted to do. In the majority of jurisdictions, for instance, children are not allowed to vote, to marry, to buy alcohol, to have sex, or to engage in paid employment. What makes children a special case for philosophical consideration is this combination of their humanity and their youth, or, more exactly, what is thought to be associated with their youth. One very obvious way in which the question of what children are entitled to do or to be or to have is raised is by asking, Do children have rights? If so, do they have all the rights that adults have and do they have rights that adults do not have? If they do not have rights how do we ensure that they are treated in the morally right way? Most jurisdictions accord children legal rights. Most countries—though not the United States of America—have ratified the United Nations Convention on the Rights of the Child which was first adopted in 1989. The Convention accords to children a wide range of rights including, most centrally, the right to have their ‘best interests’ be ‘a primary consideration’ in all actions concerning them, the ‘inherent right to life’, and the right of a child “who is capable of forming his or her own views … to express these views freely in all matters affecting the child”. However it is normal to distinguish between ‘positive’ rights, those that are recognised in law, and ‘moral’ rights, those that are recognised by some moral.

This article examines a particular debate between Eamonn Callan and William Galston concerning the need for a civic education which counters the divisive pull of pluralism by uniting the citizenry in patriotic allegiance to a single national identity. The article offers a preliminary understanding of nationalism and patriotism before setting out the terms of the debate. It then critically evaluates the central idea of Callan that one might be under an obligation morally to improve one''s own patriotic inheritance, pointing to the ineliminable tension between the valuation of one''s own patria by its own terms and a detached critical reason. It concludes by suggesting that we are, in advance of our education, members of a particular patria and that any education must be particularistic. Finally, the danger is noted of presuming that, in each case, there is a single, determinate national tradition.

Professional philosophers are members of bioethical committees and regulatory bodies in areas of interest to bioethicists. This suggests they possess moral expertise even if they do not exercise it directly and without constraint. Moral expertise is defined, and four arguments given in support of scepticism about their possession of such expertise are considered and rejected: the existence of extreme disagreement between moral philosophers about moral matters; the lack of a means clearly to identify moral experts; that expertise cannot be claimed in that which lacks objectivity; and that ordinary people do not follow the advice of moral experts. I offer a better reason for scepticism grounded in the relation between moral philosophy and common-sense morality: namely that modern moral philosophy views even a developed moral theory as ultimately anchored in common-sense morality, that set of basic moral precepts which ordinary individuals have command of and use to regulate their own lives. Even if moral philosophers do nevertheless have a limited moral expertise, in that they alone can fully develop a set of moral judgments, I sketch reasons – grounded in the values of autonomy and of democracy – why moral philosophers should not wish non-philosophers to defer to their putative expertise.