In your review of Svetlov’s lecture, you sharply condemned the phrase “a child becomes a subject of law when they conclude a non-aggression pact,” calling it monstrous. Can you expand on this thought?

In my view, any person is a subject of law by virtue of their belonging to the human race. At the same time, any person can be an object of law by virtue of the fact that other people, in the course of legal interaction with one another, act upon this person as an object. For example, my father may gift me an apartment or, conversely, bequeath some of his property to third parties, thereby disavowing my right to inherit this property, which I have by default. This is a unilateral action affecting my rights; that is, here I am an object of law.

If a person is incapacitated or for some other reason is unable to carry out subject-based legal activity, other persons may act on their behalf and in their interests. And although their direct expression of will is absent here, from the perspective of the persons with whom transactions are carried out on their behalf, they are already a full subject of law. For instance, a transaction carried out by proxy remains a transaction with the person who issued the proxy, not with the person to whom it was issued. But they remain a subject of law and can at any moment delegate the right to perform transactions in their name to someone else—or begin to perform them independently. To do this, they do not need to sign any non-aggression pacts—neither literally nor figuratively. They simply, so to speak, consume the right that they already have and have had all along.

Refusing a subject the exercise of their rights is a usurpation of law. A child has the right to leave home at any moment and live independently, and if they own a share in that house, to demand the division of property. This will likely be an imprudent decision on their part, and if this imprudence is obvious to everyone around, they will try to convince the child that it would be better to change their mind. Or simply not help them (but not hinder them) in the legal formalization of the actions to divide the property. But justifying the usurpation of someone else’s right by the fact that some non-aggression pact has not been signed is a kind of mental gymnastics that is beyond me.

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