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Ancaps Anarcho-Capitalism: The Political Philosophy of Non-Aggression
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3
reddit discussion on adoption for cash/selling children (www.reddit.com)
posted 3 years ago by mvrak 3 years ago by mvrak +4 / -1
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– Tenet 2 points 3 years ago +2 / -0

https://sciendo.com/article/10.2478/sh-2020-0012

A Rational Theory of the Rights of Children by Ian Hersum is an interesting entry.

In my mind, there should be a distinction of concepts:

The Child as a Latent Self-Owner:

  • They are a Self-Owner as a Human Being (HPC), and have the inherent potential to become a Legal and Moral Agent.
  • Their ownership is Latent, because their capacity for decision making is still in development, and is demonstrably insufficient for Self-Guardianship.
  • Guardianship, the positive of maintaining the rights of another Human that is incapable of doing so themselves.

With these givens, this follows:

  • Children are not owned, they cannot be "bought and sold" without aggression.

  • Children have Guardians, the position of a Guardian is distinct

  • Guardianship itself can be traded or established via homesteading.

  • Natural Parents are the default Guardians, but must gradually give up the extent of their control until the Child becomes an adult.

  • Guardianship should be considered similar to maintaining a Trust in a voluntary fashion. Any type of abuse of this trust can be evaluated similarly to any other form of aggressive violence.

  • Child abusers can be contested directly, or via arbitration if available, similarly to how anyone witnessing a crime can choose to step in and offer help to the victim.

Examples:

  • Parents may decide to abandon a Child with someone capable of keeping them alive and protecting their rights. This is normally called an Orphanage and Adoption.
  • A person that finds an abandoned Child can work to provide and raise that child, this effort in itself providing them the justification to being considered the Guardian.
  • The more civilized and formal the location, the more notification is required for any Guardianship status changes, to avoid forestalling.
  • You can step in to stop aggression, and your actions can be evaluated for legality by observers and participants. The base assumption when rescuing a temporarily incapacitated individual is that they would want to be saved and taken care of until the time where their ability to make decisions is restored.

Reference: HPC - Homeostatic Property Cluster https://plato.stanford.edu/entries/species/#SpecHomePropClusKind Simple example: "Something that looks like a Duck, quacks like a Duck, and has the DNA of a duck, is most likely a Duck - even if it's missing a wing." When defining Humans in this manner, the temporary inability to make decisions does not deprive anyone of their inherent right as a latent self-owner or their potential for Legal and Moral Agency.

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– mvrak [S] 1 point 3 years ago +1 / -0

Very nice, thanks!

At what age does the child become a latent self owner? At birth, conception, later?

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