Why (and How) States Protect Children

Abstract

I give a broadly Kantian argument that the state is necessary for the existence of rightful families, where children are free of domination. Given this state-family relationship, I argue that various child welfare policies (e.g., licensing and monitoring) are in principle permissible for states to enact, though there are often strong prudential reasons against enacting them. So the main question we should ask when considering a child welfare policy is whether such prudential reasons exist, not whether such policies are the state’s business to enforce.