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Reason: None provided.

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.

2 years ago
1 score
Reason: Original

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. The outside observer may elect to step in and provide security, and take over the guardianship.

  • 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.
2 years ago
1 score