What We Owe Parents and Family

Abstract

The family is the basic unit of society, and the interests of family members and the family unit are always relevant. Despite much rhetoric, neither parents nor physicians (let alone the state!) have a true fiduciary relationship with children under their care. Parents are responsible for the physical care of their children, and for their education leading them to a status as productive adults. They are responsible for their children’s flourishing. Neither their responsibility to an individual child nor their responsibility to the government is categorical. First, parents appropriately balance the interests of all family members (including their own), and the corporate interests of the family as a whole. Second, the state has non-coercive means of intervention at its disposal. This chapter reviews and expands on some prior approaches to parental authority and responsibility. The chapter classifies parental behavior into four categories, based on the maximum appropriate state response. Parental behavior within the Zone of Acceptability warrants no government attention. The next two zones represent divisions of Gillam’s Zone of Parental Discretion. Parental action within the Zone of State Attention may elicit educational efforts and the provision of services. Parental behavior within the Zone of Concern invites nudges, mandatory programs with op-out possibilities, etc. Finally, parental behavior within the Zone of Unacceptability justifies coercive state action to reverse or punish potential or actual harm. Harm may not involve the child per se, but can involve third parties, as with parental vaccination refusal.