The Question of Emancipation

According to the principle of self-ownership, a person owns their body and its derivatives. Does it not follow from this that the mother (or both parents) owns their child?

анонимный вопрос

Under ancap, under what conditions does a sentient being/program that is not human cease to be property and obtain rights equal to human rights?

Dmitry

Indeed, according to the principle of self-ownership, both a child and an artificial intelligence are the property of their creators. But the very concept of property is a convention. And exactly what rights the right of ownership entails is also a convention. Some sentient beings agree to tolerate certain behavior of other sentient beings if, for some reason, they believe those others have the right to do so. Generalizing the countlessly diverse behavior of the most varied sentient beings, wise lawyers formulate legal principles which, in particular, state:

  • which set of rights is called the right of ownership
  • what constitutes a human
  • that a sentient human possesses the right of ownership over themselves
  • that since a child almost inevitably grows into a sentient human, it makes sense to recognize part of the rights of a sentient human in advance
  • how a growing child will obtain those rights that they were not yet entitled to at birth
  • how a sentient being that is not human can obtain rights equal to human rights

The conclusions of different lawyers may not coincide. Different people may share the opinions of different lawyers to varying degrees. Some people are ready to use violence for the sake of asserting their ideas about legal doctrine, while some are not.

And ancap, as applied to the issue under consideration, is simply such a legal doctrine which asserts that there is no one whose opinion on this matter is uniquely and a priori correct, and subject to imposition on all others through the unlimited application of force.

The moment you declare that ancap is the principle of self-ownership raised to an absolute, or the principle of non-aggression raised to an absolute, or the principle of freedom of contract raised to an absolute—you are deviating from the principles of ancap. Keep your absolute away from children (and other borderline legal phenomena).

Keep the absolute away from children!

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