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32 Cards in this Set

  • Front
  • Back
Locke's argument
- Humans born free w/ natural rts;

- Consent=basis for political rule;

- Parents have limited authority over their children until they reach the age of reason;

- Marriage should be a voluntary contract b/t a man and women.
Rawls' "Original Position"
Thought experiment in which people are stripped of all their attributes (behind the 'veil of ignorance') in order to reduce human beings to their essence so as to organize society in a non-discriminatory manner.
Rawls' Two Principles of Justice
1. Each individual has right to the all basic liberties afforded to others.
2. Inequalities are tolerated only insofar as they:
a. work for everyone
b. are to the benefit of the least
well off.
c. each individual has an equal to climb the social ladder.
Rawls' take on the Family
Just families are essential to a just society because children first learn about respect, love, self-confidence from their parents, which are all traits essential to a just society.
Okin and Kittay
The family is a root cause of inequality because women generally do a disproportionate share of a house work and enjoy significantly less social freedoms i.e. work and pay.
Okin's criticism of Rawls
1. Sex isn't listed as a trait behind the veil of ignorance.
2. Use of masculine pronouns.
2. Rawls assumes SQ family relations are just.
Okin's criticism of marriage
1. Vulnerability by anticipation of marriage i.e. women place less emphasis on education and work b/c they believe they'll get married and the man will take of everything.
2. Vulnerability within marriage - women are more likely to accept primary caregiver responsibilities and make less money than their spouses; therefore, they have access to fewer resources and are more vulnerable to abuses.
3. Vulnerability by separation or divorce - because women often make career sacrifices in the interest of their marriage and family, they often have few options when the marriage dissolves.
Okin's proposed governmental solutions
1. Subsidized child care;
2. Education of children about dual caregiving and marraige realities.
3. Reform of divorce law to ensure both partners enjoy an equal QOL.
Gornick & Meyer's three family policy goals
1. Increase parents' time w/ their children;
2. Foster a work-family balance;
3. Promote gender equality in the labor force.
Gornick & Meyer's policy reccomendations
1. 6-month paid parenting leave;
2. 35 hour work week;
3. 4 weeks paid vacation;
4. Proportionate benefits to part-timers;
5. Government run childcare.
Brighouse and Wright's three types of parental leave policies :
1. Equality-impeding leaves e.g. mother-only leaves and unpaid leaves ;
2. Equality-enabling leaves e.g. paid parental leaves allocated to families ;
3. Equality-promoting leave e.g. contingency leave in which the mothers leave is dependent upon the length of the father's leave.
Engster and Stensota's family policy regimes
1. Social Democratic: support dual-earner families through generous paid parenting leaves and public childcare support.
2. 2. Conservative: provide families with generous cash and tax benefits, but less generous family leaves and childcare support.
3. 3. Liberal: provide comparatively little support to families; expect families to support themselves through the market or extended family relations.
Engster and Stensota's measures of child well-being
1. child poverty ;
2. child mortality ;
3. educational achievement and attainment.
Engster and Stensota's results
1) States that more generously support families with children generate better outcomes for children.
2) States that favor dual-earner families (i.e., maternal employment) generate better outcomes for children than states that favor more traditional male breadwinner / female caregiver families.
3) States that provide low levels of support to families with children generate the worst outcomes for children. Even if they do well in one dimension (e.g., mortality rates), they do poorly in the other dimensions.
Munoz-Darde's two reasons to abolish the family
1. sexism w/i the family ;
2. family impedes equality of opportunity.
Munoz-Darde's two reasons to not abolish the family
1. State run orphanages would over time treat children as material to be formed, which would inhibit individuality and childrens' sense of self-worth.
2. Private families foster diversity by raising children according to different cultures, religions, etc.
Munoz-Darde's recommendations for "softening" the family
1. The state should more actively protect individual rights within the family ;
2. The state should provide for the needs of individual family members ;
;
3. The state should abolish marriage.
Brighouse and Swift's three interests to justify the family
1) Children's interests i.e. children need a continuous, loving, intimate, and spontaneous relationship with a parent-like figure in order to develop their full emotional social capabilities.
2) Parents' interests i.e. parents enjoy a distinctively valuable relationship with their children that is unique among human relationships, and contributes (for many parents) to a meaningful life.

3) third-party interests.
Brighouse and Swift's recommendations
Parents should be given adequate space to engage in intimate and spontaneous activities with their children, but not send their children to expensive private schools, invest in trust funds, etc. because the later group of activities impede equality of opportunity.
LaFollette's licensing criteria
1. They are potentially dangerous to others;
2. They require a demonstrated competence for their safe performance;
3. There exists a reliable procedure for determining whether someone has the requisite competence to engage in the activity safely.
LaFollette's answers to objections
1. AT Parents have a right to raise their children - government can limit those rights to prevent harm.
2. AT Licensing too intrusive - not any more so than driver's licensing, and intrusion is nonetheless warranted.
3. AT Abuses - no more so than driver's licensing.
Taylor
Liberal antinomy - state should be neutral but it grants resources to families with children

Favors licensing (psychological and financial criteria) for parents to ease burden on the state and resolve liberal antinomy.

Licensing leads to better child care.
Engster's 3 parenting regimes as a response to Taylor
1. The private parenting model: individuals are free to have children and raise them as they wish (within reasonable limits), and are responsible for meeting the costs of childrearing by themselves.
2. Parental licensing schemes: the state regulates whether or not individuals can have and raise children. Parents are responsible (at least under Taylor's model) for the costs of childrearing.
3. Public parenting model: individuals are free to have children and riase them as they wish (within reasonable limits), but the costs of childrearing are publicly shared (family subside, public childcare, etc.).
Engster's 3 reasons why parenting is different than mountain climbing as a response to Taylor
1. Parenting is not as voluntary i.e. a lot of pregnancies are unplanned.
2. Children are a necessary public good
3. Children are moral beings.
Engster's 3 arguments against parental licensing as a response to Taylor
1. Time of the pregnancy hurts the women
2. Compliance leads to underground abortion.
3. Children would be taken away.
Engster's public parenting model recommendation as a response to Taylor
Engster argues that the best way to improve parenting and ensure that children are raised well is the public parenting model - i.e., paid parenting leaves, home care visits, public childcare, family cash or tax benefits, etc.
Jones and Peterman's central thesis
Family privacy has been eroded over the last half century by individual rights and individual privacy.
Eisenstadt v. Baird
Identified by Jones and Peterman as the case that represents a major shift from family privacy to individual privacy; the case struck down a Massachusetts law and made it a felony to distribute contraceptives to non-married persons.
Other invalidated laws that represent an erosion of family privacy, as per Jones and Peterman
Later cases (e.g., Planned Parenthood v. Danforth, 1976) struck down laws:
1. That required spousal consent or notification before a woman could legally obtain an abortion;
2. That required minors to obtain parental consent before obtaining contraception or an abortion (229);
3. That recognized any kind of special rights or privileges for married couples, or allowed parental authority that departed from the state's understanding of the best interests of the child.
Woodhouse's entity-based privacy.
Woodhouse calls for a return of family privacy, but invokes an entity-based doctrine of family privacy based on caregiving relationships.

Woodhouse supports family benefits with oversight. She suggests that we should allow some loss of family privacy, and guard only against state violations of individual human dignity.
Korbin's 3 levels of cultural context re: child abuse & neglect
1. Cultural differences in child-rearing practices and beliefs;
2. Idiosyncratic departure from acceptable cultural patterns;
3. Societal abuse and neglect of children e.g. poverty and food scarcity.
Renteln's thesis
Renteln favors state intervention in life threatening cases i.e. neglect cases and abuse cases that cause irreparable harm in order to preserve choice for children.