Guardianship and Parental Relations: Connections and Departures in Jeremy Bentham's Account.
Journal of Bentham Studies
This article follows an earlier assessment of Bentham’s views on guardianship (http://ojs.lib.ucl.ac.uk/index.php/jbs/article/view/56) that touched on but did not explore connections or departures between guardian-ward and parent-offspring relations, about which Bentham was not as precise as he might have been. Further, he added complexity to the issue by describing parents as occupying dual roles: guardians and ‘masters’ (employers) of their own offspring. These relations are now considered, on the one hand, in the wider context of ‘special relations’ and ‘duties’ and, on the other hand, alongside some appreciation of Bentham’s personal perspectives. However, the main object of the present article is to assess similarities and differences between parents and guardians in legal, status and functional terms. It uses the profile of guardian-ward relations provided by the previous article as a benchmark. The article concludes by affirming that ‘being a parent’ and ‘being a guardian’ have quite different meanings.
|Title:||Guardianship and Parental Relations: Connections and Departures in Jeremy Bentham's Account|
|Open access status:||An open access version is available from UCL Discovery|
|Additional information:||This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivs 2.0 UK: England & Wales License. Under the terms of this licence, you are allowed to copy and distribute this work, but must give the original author credit. You not use this work for commercial purposes, nor alter or transform this work, without prior permission from the author. To view a full copy of this licence, visit: http://creativecommons.org/licenses/by-nc-nd/2.0/uk/ or send a letter to Creative Commons, 444 Castro Street, Suite 900, Mountain View.|
|Keywords:||GUARDIAN/GUARDIANSHIP, FIDUCIARY, SPECIAL RELATIONS/DUTIES, VULNERABILITY, PROTECTION, AGENCY, REPRESENTATION, TRUST/TRUSTEE, BENEFIT/BENEFICIARY.|
|UCL classification:||UCL > School of Arts and Social Sciences > Faculty of Laws > Bentham Project > Journal of Bentham Studies|
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