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An exercise in pluralist political theory
Author: Allyn Fives

This is a book about parents, power, and children and, in particular, the legitimacy of parents' power over their children. It takes seriously the challenge posed by moral pluralism, and considers the role of both theoretical rationality and practical judgement in resolving moral dilemmas associated with parental power. The book first examines the prevailing view about parental power: a certain form of paternalism, justified treatment of those who lack the qualities of an agent, and one that does not generate moral conflicts. It proposes an alternative, pluralist view of paternalism before showing that even paternalism properly understood is of limited application when we evaluate parental power. According to the caretaker thesis, parental power makes up for the deficits in children's agency, and for that reason children should be subjected to standard institutional paternalism. The liberation thesis stands at the other end of the spectrum concerning children's rights. The book then addresses the counter-argument that issues of legitimacy arise in the political domain and not in respect of parent-child relations. It also examines the 'right to parent' and whether parents should be licensed, monitored, or trained children's voluntariness and competence, and the right to provide informed consent for medical treatment and research participation. Finally, the book talks about parents' efforts to share a way of life with their children and the State's efforts to shape the values of future citizens through civic education. The overall approach taken has much more in common with the problem-driven political philosophy.

Allyn Fives

In addressing the issue of informed consent, this chapter examines the legitimacy of the exercise of parents' power over their children. It begins with the legal status of minors and, in particular, the legal rights of minors to make informed consent decisions. The chapter investigates some important legal, policy, and service issues concerning informed consent. The discussion of legal, policy, and service issues, empirical findings about children's competence, professional judgements of competence, and the impact of parenting on children's competence, indicate where conceptual clarification is greatly needed. The chapter also examines empirical evidence relating to children's informed consent. It explores a number of central conceptual issues and addresses a number of ethical questions concerning children's informed consent. The chapter focuses on children's competence in joint decision making. It also focuses on the concepts of competence and voluntariness.

in Evaluating parental power