Abstract

http://ssrn.com/abstract=1839477
 
 

Footnotes (79)



 


 



Finding Home in the World: A Deontological Theory of the Right to Be Adopted


Paulo Barrozo


Boston College - Law School


New York Law School Law Review, Vol. 55, p. 701, 2010/11
Boston College Law School Legal Studies Research Paper No. 227

Abstract:     
Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.

After the Introduction, Part II analyzes the consequentialist-cum-charity understanding of adoption. Part III expounds on what I call the value theory of rights. Part IV articulates the jurisprudential foundations of deontological adoption and the human right to be adopted. The reader will probably find that this article operates at a high level of theorization. This is by design, for high theory is needed in order to dispel the confusion and contradictions that plague first order analyses and opinions on the matter. And while the decision to take the theoretical path indicates my ambitions in relation to this article, it also demarcates the limited attention the article is able to give to important details. Hopefully, others will rectify, supplement, and detail the foundations laid out in this work.

Number of Pages in PDF File: 31

Accepted Paper Series


Download This Paper

Date posted: May 14, 2011 ; Last revised: May 19, 2011

Suggested Citation

Barrozo, Paulo, Finding Home in the World: A Deontological Theory of the Right to Be Adopted. New York Law School Law Review, Vol. 55, p. 701, 2010/11; Boston College Law School Legal Studies Research Paper No. 227. Available at SSRN: http://ssrn.com/abstract=1839477

Contact Information

Paulo Barrozo (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Newton, MA 02459-1163
United States
(617)552-4388 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 939
Downloads: 151
Download Rank: 109,425
Footnotes:  79

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.391 seconds