Children are treated differently compared to adults in many domains, including in health care, education, employment, and criminal justice. The differential treatment of children—to adults, and in the case of younger children and adolescents, to each other—makes it both practically and theoretically important to examine the justification of when and why this treatment is permissible. Because the justifications of children’s differential treatment typically appeal to foundational normative considerations—matters of autonomy, responsibility, and well-being—they provoke considerable controversy and disagreement in law and ethics, especially, though not exclusively in the contexts of health care, sexual relations, and criminal justice. Consenting Children brings together philosophers and academic lawyers to grapple with these matters and domains and to share disciplinary and interdisciplinary insights and understanding. The volume’s contributors engage in deep and fruitful discussions of children’s consent and responsibility, decision-making capacity and best interests, as well as the role, powers, and duties of parents and state institutions. The volume lays the groundwork for future engagement in the legal and philosophical literature with the controversies raised by children’s autonomy, responsibility, and well-being, and the myriad interactions between them concerning children’s consent.
Note on Contributors Acknowledgements
Introduction Consenting Children Lisa Forsberg, Isra Black and Anthony Skelton
Children’s Consent and Capacity 1. Setting the Standard(s) for Capacity: Are Children Different? Mary Donnelly and Barry Lyons
Competence for Minors in Medical Decision-Making: A Life-Stage Approach Andrew Franklin-Hall
Asymmetry of Adolescent Decision-Making Capacity and Rational Choice Isra Black
Minors and Sexual Consent Jennifer Epp
Children’s Consent and Other Parties 5. Children and Consent: Best Interests, Parents, and A Child’s Views David Archard
The Interaction of Children’s Capacity Regimes and Parental and Judicial Powers: A ‘Strictly’ Legal View Sir Jonathan Montgomery
A Future Orientated View of Autonomy Emma Cave
Medical Treatment Refusals by Teenagers and the Law: Justice that is More Caring? Jo Bridgeman
Consent to Medical Treatment for Trans Youth in Australia Steph Jowett
On Sharing the Normative Power of Consent Peter Schaber
Treating Adolescents Differently Anthony Skelton, Isra Black, and Lisa Forsberg
Children and Ineffective Consent Lisa Forsberg
Children’s Responsibility 13. The Prospective Stance: Children and Responsibility Meghan Winsby
Consent and Responsibility: How (Not) to Justify Diverging Thresholds for Minors Maximilian Kiener
What’s Special About Juvenile Justice? David O. Brink
Index
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