What the State Owes ‘Bastards’: A Modest Critique of Modest One‐Child Policies

Journal of Applied Philosophy 37 (3):393-407 (2019)
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Abstract

This essay criticises ‘modest’ one‐child policies, which would impose sanctions upon parents who create multiple children. Specifically, this article considers what the state owes individuals who would be born (illegally) beneath restrictive procreative policies and argues that such policies would fail to show due respect to second‐ or third‐born individuals created beneath them. First, I argue that modest procreative restrictions (like sanctions) are likely to generate only modest compliance. I then suggest it is reasonable to think a one‐child policy fails to demonstrate due respect to existing second and third children. I argue that such a policy generates an undue burden on any second or third children who would be born beneath them, before concluding by considering whether the state might be able to avoid effectively reinscribing ‘bastardy’ into its law by locating responsibility for the effects of such a policy entirely on the parents, rather than on children.

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