父母入狱与儿童不与父母分离的权利

IF 0.7 2区 哲学 Q4 ETHICS
William Bülow, Lars Lindblom
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引用次数: 0

摘要

众所周知,刑事处罚,尤其是监禁,会对无辜者,特别是囚犯的家人造成负面影响。这个问题越来越受到刑法理论家和哲学家的关注。作为对这些文献的补充,本文探讨了父母被监禁在多大程度上符合通常赋予儿童的基本权利。特别是,我们将重点放在儿童不与父母分离的权利上。为此,我们首先讨论了儿童反对违背自己意愿与父母分离的权利的哲学基础。借鉴金伯利-布朗利(Kimberley Brownlee)和马修-廖(Matthew Liao)的最新研究成果,我们认为儿童有这样的权利,其基础是儿童的福利利益以及亲子关系对儿童充分发展成为自主行为者的重要性。然后,我们研究了三个论点,说明为什么尽管儿童有权不与父母分离,但监禁父母是合理的。对于其中的每一个论点,我们都认为,尽管这些论点可能表明,监禁某位父母有时与尊重反对亲子分离的权利是一致的,但像许多州持续存在的那种广泛使用监禁作为惩罚的做法则是不一致的。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Parental Imprisonment and Children's Right Not to be Separated from Their Parents
It is widely known that criminal punishment, especially imprisonment, has negative effects for innocent persons, most notably the families of prisoners. This is an issue attracting increasing attention from penal theorists and philosophers. Adding to this literature, this article examines the extent to which incarceration of a parent is consistent with fundamental rights that are often ascribed to children. In particular, we focus on children's rights against being separated from their parents. To this end, we begin with a discussion of the philosophical basis for children's rights against being separated from their parents against their will. Drawing from recent work by Kimberley Brownlee and Matthew Liao, we argue that children have such a right and that it is grounded in children's welfare interest and the importance of parent–child relationships for children to develop adequately into autonomous agents. We then examine three arguments why imprisoning a parent is justified despite the fact that children have a right against being separated from their parents. For each of these arguments, we argue that while they may show the imprisonment of a particular parent to be sometimes compatible with respecting the right against parent–child separation, an extensive use of imprisonment as punishment of the sort that persists in many states is not.
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来源期刊
CiteScore
2.20
自引率
0.00%
发文量
71
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