Feinberg, Mills, and the Child’s Right to an Open Future
Mianna Lotz
1. Introduction
Appeals to the notion of a child’s right to an open future––famously articu-
lated by Joel Feinberg in his 1980 paper “The Child’s Right to an Open Future”––
have become commonplace in applied ethics, particularly in debates over genetic
reproductive technologies.
1
Here the concern to protect that right reflects antici-
pated and real increases in the extent to which the genetic characteristics of future
children might be selected or manipulated. The need to protect a child’s right to an
open future has been invoked to buttress opposition to cloning, genetic selection,
and genetic engineering. Yet the capacity and the precise way in which such
interventions might threaten the child’s right to an open future is a matter of
considerable dispute. We are far from reaching a consensus as to whether a future
child could be harmed or wronged––in the sense of having her autonomy
threatened––by being a clone, or having been genetically selected or manipulated
for possession of certain desired traits, including sex or sexual orientation.
2
In spite of its considerable interest, responding to that question is not my
purpose in this paper. My starting point is the observation that there has been
relatively little precise analysis of the nature of the parental duties that are to be
taken as corresponding to a child’s right to an open future.
3
On the standard way
of thinking about rights––namely as claim rights with correlative duties––to ask
about the nature of the duties that flow from a given right is to ask about the nature
of the right itself. In this paper I adopt that approach, treating the right to an open
future as a claim right. I want to delineate the exact limits and scope of the duties
imposed by a right to an open future, in terms more precise than Feinberg’s own.
For that purpose, it will be helpful to analyze the right in terms of whether it is
characterizable as a positive and/or a negative right.
4
The question I am asking is,
then: What kind of a claim right is the right to an open future? Is it a negative claim
right, that is, a liberty right held against others interfering in, or trespassing on,
one’s life, liberty or property in some way? As I read it, the most common
treatment of the right to an open future in the literature takes it to be of this
negative variety. The parental duty thereby imposed is the duty––a “negative”
duty––not to behave in any way that violates the child’s capacity to have an open
future.
However, an alternative interpretation is available, according to which the
right establishes a more substantive duty on the part of parents, sometimes
JOURNAL of SOCIAL PHILOSOPHY, Vol. 37 No. 4, Winter 2006, 537–551.
© 2006 Blackwell Publishing, Inc.