Moral Agendas for Children’s Welfare Moral outpourings over what children get up to and the dreadful things that adults do to children are part of the daily diet that is fed to us by newspapers and the broadcasting media. Moral Agendas for Children’s Welfare goes behind the sensational headlines to question the meaning of morality and moral responsibility towards children in today’s society. By raising uncomfortable questions about the moral justifications for current social practices, such as male circumcision, restrictions on child sexual activities and the exclusion of children from school, this book discusses the problems of how to improve the way that social institutions deal with children so as to make them more responsive to moral principles and judgements on their performance. Moral Agendas for Children’s Welfare addresses the key issue: what is morality and how can it be translated into guiding principles for children’s welfare? It will be essential reading for those studying social policy, social work or undertaking socio-legal studies. Michael King is Professor in the Department of Law and Co-Director of the Centre for the Study of Law, the Child and the Family at Brunei University, Uxbridge. Moral Agendas for Children’s Welfare Edited by Michael King London and New York First published 1999 by Routledge 11 New Fetter Lane, London EC4P 4EE This edition published in the Taylor & Francis e-Library, 2005. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to http://www.ebookstore.tandf.co.uk/. Simultaneously published in the USA and Canada by Routledge 29 West 35th Street, New York, NY 10001 © 1999 Michael King, selection and editorial matter; individual chapters, the contributors All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. British Library Cataloguing in Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging in Publication Data Moral agendas for children’s welfare/edited by Michael King. Includes bibliographical references and index. 1. Child welfare—Moral and ethical aspects. I. King, Michael, 1942–. HV715.M65 1999 362.7–dc21 98–27632 CIP ISBN 0-203-00451-5 Master e-book ISBN ISBN 0-203-26579-3 (Adobe e-Reader Format) ISBN 0-415-18012-0 (hbk) ISBN 0-415-18013-9 (pbk) Contents Notes on contributors vii Acknowledgements viii 1 Introduction 1 MICHAEL KING 2 Images of children and morality 12 MICHAEL KING 3 Moral campaigns for children’s welfare in the nineteenth century 25 CHRISTINE PIPER 4 Liberalism or distributional justice? The morality of child welfare laws 41 TERRY CARNEY 5 Can child abuse be defined? 57 DAVID ARCHARD 6 Is male circumcision morally defensible? 69 ILAN KATZ 7 Meditations on parental love: the transcendence of the rights/welfare 81 divide MAKINGS DIAMANTIDES 8 Justice and childhood: reflections on refashioned boundaries 92 ALISON DIDUCK 9 Moral agendas for psychoanalytic practice with children and families 105 JUDITH TROWELL AND GILLIAN MILES 10 With justice in mind: complexity, child welfare and the law 117 ANDREW COOPER 11 What is good and bad sex for children? 136 WENDY STAINTON ROGERS AND REX STAINTON ROGERS 12 Identity, religious fundamentalism and children’s welfare 151 STEPHEN FROSH 13 Failing children: responding to young people with ‘behavioural 161 difficulties’ DANIEL MONK Bibliography 175 Author index 187 Subject index 195 Contributors David Archard Department of Moral Philosophy, University of St Andrews, Scotland. Terry Carney School of Law, The University of Sydney, Australia. Andrew Cooper The Tavistock Clinic, London. Marines Diamantides Lecturer, Law Department, Birkbeck College, University of London. Alison Diduck Centre for the Study of Law, the Child and the Family, Brunei University, Uxbridge. Stephen Frosh Psychology Department, Birkbeck College, University of London, and The Tavistock Clinic, London. Ilan Katz National Society for the Prevention of Cruelty to Children, London. Michael King Centre for the Study of Law, the Child and the Family, Law Department, Brunei University, Uxbridge. Gillian Miles Child and Family Department, The Tavistock Clinic, London. Daniel Monk Law Department, Keele University. Christine Piper Centre for the Study of Law, the Child and the Family, Law Department, Brunei University, Uxbridge. Rex Stainton Rogers Psychology Department, University of Reading. Wendy Stainton Rogers School of Health and Social Welfare, Open University, Milton Keynes. Judith Trowell Child and Family Department, The Tavistock Clinic, London. Acknowledgements This book began its life as a workshop on Moral Agendas for Children’s Welfare in the Nineties, which took place at The Tavistock Centre over two days in July 1996. I should like to thank Judith Trowell for her help in organizing the event. I am also very grateful to the Law Department of Brunei University for their financial contribution towards the workshop, and to The Tavistock Centre for making their facilities available. Finally, my thanks to all those who participated in the workshop, including those who, for one reason or another, have not contributed to the book. Michael King 1 Introduction Michael King What is the point of bringing out a book on children and morality at a time when so many different people already claim to know what is good and bad for children? Ask the editors of tabloid newspapers. They know, as they scream out their knowledge in their reports of the latest paedophile scandal. Ask the Home Secretary. He knows, as he announces yet more measures to punish juvenile offenders and make parents accept responsibility for their children’s crimes. Ask those lawyers who represent children in court. They know as they campaign for more rights for children and for more notice to be taken of what children want. Ask social workers, guardians ad litem and child psychiatrists—the experts in child abuse. They know what harms children, whether smacking them is good or bad. As they write their reports and make their recommendations, they know with whom children should live, and if and how often they should see their parents. Ask the educationalists. They know, as they set out to identify in the National School Curriculum, what is essential spiritual and moral knowledge for every child at every age. They know that morality can be taught and learnt like any other subject so that every child will, like themselves, know the difference between right and wrong.1 When these children, these students of morality become parents they will know what is good and bad for their own children, and so we will evolve into more moral beings and the world will become a more moral place. With so much moral knowledge around in the media, books, videos, CD-ROMS, the Internet, anyone with a few hours to spare can find out all they need about the right and the wrong way to treat children in every imaginable situation. In todays world, morality has become a commodity like any other. If you do not already have it, it is something you can acquire by going through the proper channels, by making the necessary commitment, by doing a course on it, by watching a video about it, by knowing the right people to give you the right answers. Moral mazes may exist, but their existence confirms that there are those who know their way through the maze and all we have to do is ask them for directions. If this brief account of society’s ability to deal with moral issues concerning children appears comforting and reassuring, it might be wise to stop reading at this point, for much of the remainder of the book should perhaps carry a warning that it could seriously damage your peace of mind. Moral Agendas for Children’s Welfare brings together contributors from different disciplinary backgrounds who share in common an ability to raise disturbing questions about many of our current ideas, beliefs, values and assumptions in relation to children and what is good and bad for them. But this is not all. Several of the chapters in this book do not merely question whether we ‘have got things right’ or are ‘on the right path’. More fundamentally, taken together, they raise the issue as to whether there can be in today’s society any notion of notion of absolute right or
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