David Archard

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.

Using the example of an unconsented mouth swab I criticise the view that an action of this kind taken in itself is wrongful in respect of its being a violation of autonomy. This is so much inasmuch as autonomy merits respect only with regard to ‘critical life choices’. I consider the view that such an action is nevertheless harmful or risks serious harm. I also respond to two possible suggestions: that the action is of a kind that violates autonomy; and, that the class of such actions violates autonomy. I suggest that the action is wrongful in as much as it is a bodily trespass. I consider, and criticise, two ways of understanding how morally I stand to my own body: as owner and as sovereign. In respect of the latter I consider Arthur Ripstein's recent defence of a sovereignty principle. Finally I criticise an attempt by Joel Feinberg to explain bodily trespass in terms of personal autonomy.

In the face of differences about how sex should be taught to young persons, and consistent with a liberal principle of neutrality, educationalists can adopt one of two strategies. The ‘retreat to basics’ consists in teaching only a basic agreed code of sexual conduct, or a set of agreed principles of sexual morality. The ‘conjunctive–disjunctive’ strategy consists in teaching the facts of sexual activity together with the various possible evaluations of these facts. Both strategies are beset with significant and insuperable difficulties. Perhaps one should presume only to teach sex in a way that maximises the foundational liberal ideal of autonomy.

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.