Skip to main content Accessibility help
×
Hostname: page-component-5c6d5d7d68-wtssw Total loading time: 0 Render date: 2024-08-16T08:12:50.307Z Has data issue: false hasContentIssue false

3 - Paradigmatic Relationship Rights

Published online by Cambridge University Press:  23 July 2009

James G. Dwyer
Affiliation:
College of William and Mary, Virginia
Get access

Summary

How should one go about analyzing what legal rights children should have in situations where the state is creating, structuring, or severing their family relationships? One way would be to address each type of situation one at a time – for example, first paternity, then custody, and so forth – and to reason about children's normative position within the one type of situation under review. It seems inevitable, though, that any good theoretical account of children's rights in any relationship context will appeal to very general principles – principles concerning rights, concerning the respect owed to persons, and concerning the extent, if any, to which decisions about fundamental aspects of one person's life should be influenced by the interests of other persons. The bedrock premises on which any argument for or against particular rights for children is constructed are likely to be quite broad, not limited to particular types of decisions about children's relationships. And there appears to be a great deal of commonality in the normative questions raised by each type of situation. They are all at base about the state making for children kinds of decisions – with whom to form close relationships, how much time to devote to each relationship, and when to end relationships – that competent adults ordinarily make for themselves, and there are well-established, general moral and legal principles concerning the rights of competent adults in making all such decisions.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×