For example, Vasya Pupkin from grade 3 “b”, as a joke, reported a bomb planted in the school, which was later not found during the inspection. Or he beat up a classmate until they ended up in intensive care. Or he stole and then broke someone else’s bicycle.
Suppose he was detained. What happens next? If parents, according to libertarianism, are not responsible for their children’s actions, then how will the young hooligan be punished? Suppose neither he nor his parents have the money to compensate for the damage. Will he be put in prison or forced to work and pay for the damages?
Vopros999 (question accompanied by a donation of 0.00008510 BTC)
The claim that a child possesses self-ownership means that other people recognize their right to dispose of themselves to a greater extent than they could achieve by force. Nevertheless, just as the right of private property over things rarely means the freedom to use them to harm others, a child’s self-ownership does not mean complete freedom to cause harm to those around them.
In addition to the child’s self-ownership, people usually recognize someone’s right of guardianship over them. This right typically includes priority in instilling moral norms, but it is inevitably offset by the right of others to recover damages caused by the child from the guardian. It does not matter who provides the guardianship—parents, the school, just random people contracted for the job—or if all of them distribute these rights among themselves in some way. Either way, the right of guardianship is followed by responsibility for the damage caused to others by the actions of the ward.
Parents take the child for a walk, the child breaks someone else’s toy—the parents are responsible. A grandmother is left with the child—the grandmother is responsible for the broken toy. The child goes to school—the school bears responsibility for the damage they cause to others during school hours. The child goes to school and from there sends an email from a phone reporting a bomb threat—this is the school’s problem, as the child was within its zone of responsibility at that time.
Perhaps the risk of damage from a child’s actions could be insured, similar to how the civil liability of car owners is insured. Now, as we know, car owners are reluctant to insure their liability, which often prompts states to make such contracts mandatory. So I am not sure that in a stateless society, guardianship liability will always be insured. Most likely, schools—especially those in the medium and high price segments—will insure their guardianship liability; firstly, they will have more funds for this, and secondly, it can be assumed that students of expensive schools will, on average, cause damage in smaller amounts (not a fact, I don’t dare to predict exactly).
Another factor that is unlikely to allow guardianship liability insurance to become a panacea for parents is that with every wrongful act committed by the child, the insurance premium will increase; that is, damage from the least socialized children will likely be too expensive to insure.
Further, the imagination of AnCap critics paints all sorts of Dickensian scenarios, with workhouses and the like. I strongly doubt that such things would be in demand in a humane and wealthy society, however, it is obvious that the rights of guardians who find themselves unable to bear responsibility for the actions of their wards will be rejected or, at least, severely restricted. In whose favor? I believe, in favor of charitable organizations whose statutory goal would be precisely the socialization of such children. As an option—in favor of wealthier citizens who agree to cover the debts from lawsuits against the child’s previous guardians, after which they themselves assume further responsibility for this child. I do not dare predict which model will be more in demand in the market, but both are ethically permissible.
