Defensive Kidnapping

Abstract Are private citizens ever morally permitted to abduct children and keep them in their custody, to protect them from their severely abusive or neglectful parents? Should private citizens face legal penalties for abducting children and keeping them in their custody, to protect them from their severely abusive or neglectful parents? In this essay, I offer arguments that support an affirmative answer to the first question and a negative answer to the second. Ultimately, I come out supporting a legal regime that keeps what I call defensive kidnapping illegal, but in which public officials may use discretion when enforcing laws that criminalize kidnapping. Under such a regime, children who were severely abused or neglected by their parents but saved by a loving, capable private citizen would be spared from admission into the precarity of the child welfare system.