The best interest of the child – beteween the common good and the individual interest

The principle of the best interest of the child has gained widespread recognition. It is universally applied in adjudication by courts, tribunals, administrative authorities and legislative bodies in cases concerning children. This book aims to investigate what is behind the meaning of this term from the perspective of the philosophy of law and the political philosophy as well as in light of international and Polish law.

Nietzsche famously argued that there are two opposing elements: Apollonian and Dionysian. Apollonian aspect represents the individual, order, rational thinking, logic, and law. The Dionysian element represents nature, unconsciousness, instinct, chaos, urges – there are no rules. According to the philosopher, everything and everyone consist of both Apollonian and Dionysian elements. This classification offers an insightful perspective on the subject of this book and is a thought-provoking starting point for the topic of child’s best interest, but also the notions of good and common good. Each matter is approached from the philosophical and legal angle.

Although there is no clear and undisputed definition of the best interest standard, there are some factors that need to be considered. In all actions concerning children their particular interests have to be taken into consideration, along with moral and ethical aspects. At the same time, the child is a part of a community – the family, the society, and the state. Therefore, the communal angle of what is good for a child must always be considered as well.

The main finding of the book is that there needs to be a balance between the individualistic and communal aspects while interpreting what is good for a child. Therefore, the balancing act is also necessary for interpreting what is best for a child – otherwise, the standard is set up to fail.