A Child's Potential for Rationality in Future Is an Argument for Inherent Rights

As discussed in a previous post, the theory of acquired rights asserts that a child qualifies as a rights-bearing person once he or she demonstrates possession of some characteristic or ability that confers rights-worthiness.

One version of this theory argues that when a child has the potential to be capable of reasoning at some point in the future, he qualifies for rights. Whatever this argument's merits, it does not support the theory of acquired rights. If rights are based on a child's future capacity to reason, then rights are inherent, not acquired.

If rights come from the potential to reason in future and not from the ability to reason now, then the current characteristics and abilities of the child are irrelevant. It does not matter what a child looks like or can do at present, since this argument for rights is based entirely on something that a child could potentially do in future. The logical implication of this argument is that a child has rights from the moment he comes into existence, since from that moment onwards there is the potential of a future in which the child is capable of reasoning.

Advocates of the theory of acquired rights refuse to accept this logical implication. They attempt to argue that an unborn child only has rights once it reaches certain developmental milestones that are related to a future ability to reason, but not before it has reached those milestones. For example, Jason Sorens argues that an unborn child only acquires rights at six and a half months because at that point the child has various features including "a recognizably human brain" which gives it the "potential for rationality".

However, any arbitrary milestone is completely irrelevant to the basic premise of the argument. As a reminder, the argument is that a child has rights despite his current inability to reason. Rather, he has them because he has the potential to reason in future. The logical implication is that rights are valid from the moment of conception, not from any point in brain development, since from the moment of conception a child is unable to reason but has the potential to reason in future. There is no philosophical basis for arguing that a child acquires rights because of any developmental milestone if that milestone isn't actually changing the child from a non-reasoner to a reasoner.

Advocates of this version of the theory of acquired rights are trying to argue that the potential for reasoning in future is a valid criterion for rights, but it should only be taken into account once some arbitrary developmental milestone has been reached by a child. The entire endeavour is nonsensical. It appears to be motivated reasoning with a particular conclusion in mind: to set aside a window of time in which a child does not have rights so that abortion is not considered a rights violation.

When do Parental Obligations Not Apply?

The Theory of Parental Responsibility holds that parents have enforceable positive obligations to their children because in creating a child the parents are responsible for placing the child in a state of peril.. Given that parental obligation only arises as a consequence of action, there are cases in which a child can come into existence without a parent incurring positive obligations.

Rape

A rape victim would not have parental obligations for any resultant child since the rape victim did not take action that resulted in a child being created. It was the rapist who acted, and thereby forced those consequences on her.

The rapist would have obligations to support the child, although a reasonable legal system would presumably deem him a criminally unfit parent and deny him access, so his obligations would have to be in the form of monetary payments to whoever was the caregiver of the child for the child's support, alongside restitution payments to the victim.

As a side note, the fact that there are no positive obligations in cases of rape victims means that parental obligations do not provide an argument against abortion in those cases. In cases of consensual sex, parental positive obligations do refute the right to abortion, but not in cases of rape. Whether or not abortion is justified in those cases depends on other arguments.

Gamete Theft

In cases of gamete theft, the biological parents would not have parental obligations. One qualification is that gamete owners have an obligation to be responsible owners, since gametes can have such enormous consequences on the lives of innocent others. Rivka Weinberg has argued that gamete owners have an obligation to take the same level of care with their gametes as one must do with a hazardous material.

Presuming that the biological parent did exercise due care, he or she would not incur parental obligations. For example, if a student donated sperm to a respectable university research team for the expressed purpose of aiding a scientific study of sperm motility and his sperm were stolen from the university and used instead to create a baby, he would not have parental obligations. He could not have reasonably expected to create a baby by his action.

Paternity Fraud

A man fraudulently told that he is the father of a child (when in fact he is not) does not have enforceable obligations towards a child, since he is not the one who created the child's peril. Believing a fraudulent obligation claim does not convert the fraudulent claim into a real obligation. The child's legitimate claim is against the natural father. Whether or not the duped man chooses to become an adoptive father is a matter of personal choice for him, but not obligation.

Gestational Surrogacy

Under the causal theory, a gestational surrogate has no parental obligations, but the gamete providers whose embryo she carries do. A traditional surrogate does have parental obligations, since traditional surrogacy is a specific case of gamete sale or donation.

Endangered Life Of The Mother During Pregnancy

If the life of a pregnant mother is endangered by the unborn child, the mother would have a presumptive right of self-defence against the child to preserve her own life. Her self-defence right would nullify her parental obligations, assuming that the risks to her life were not the result of reckless negligence on her part.

How To Check If Your OmniFocus Projects Have An Evernote Page Automatically Using Keyboard Maestro

Large projects usually have both a series of tasks associated with them and some kind of documentation. I use different applications to work with these two different kinds of project information because each application is designed specifically for one thing and is the best tool for that job. OmniFocus is great for task management but not designed for documentation. Evernote is great for documentation but not as good at handling tasks as a dedicated task management app like OmniFocus. 

Using two applications to handle project information creates a problem though. How do I tell if I have documentation for all my projects in OmniFocus? Or, how can I tell if I have an OmniFocus project for all my Evernote project pages. I have to compare the list of projects in OmniFocus and the list in Evernote to see what is missing.

MIT has a very nice webpage for comparing lists here. Using this webpage, the workflow is as follows:

  1. Select all live projects in OmniFocus and export the list to the MIT webpage

  2. Select all live projects in Evernote and export the list to the MIT webpage

  3. Compare the lists and see what is missing from either list.

That sounds simple, but is quite time consuming and requires a lot of individual steps. For this reason, I wrote a macro in Keyboard Maestro to do it all automatically. In case you are interested, each step is outlined below:

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