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The Trust Model of Children’s Rights

The Trust Model of Children’s Rights AbstractIs parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Moral Philosophy and Politics de Gruyter

The Trust Model of Children’s Rights

Moral Philosophy and Politics , Volume 7 (2): 19 – Nov 26, 2020

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Publisher
de Gruyter
Copyright
© 2020 Walter de Gruyter GmbH, Berlin/Boston
ISSN
2194-5616
eISSN
2194-5624
DOI
10.1515/mopp-2019-0040
Publisher site
See Article on Publisher Site

Abstract

AbstractIs parental control over children best understood in terms of trusteeship or similar fiduciary obligations? This essay contemplates the elements of legal trusts and fiduciarity as they might relate to the moral relationship between children and parents. Though many accounts of upbringing advocate parent-child relationship models with structural resemblance to trust-like relationships, it is unclear who grants moral trusts, how trustees are actually selected, or how to identify proper beneficiaries. By considering these and other classical elements of relationships of trust, this essay seeks to clarify and explore the trust model’s role, if any, in understanding children’s rights. Such exploration raises the possibility that another element of common law, the duty to rescue, may serve to enhance the trust model of children’s rights.

Journal

Moral Philosophy and Politicsde Gruyter

Published: Nov 26, 2020

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