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    LoyalLoyalJusticeJustice
    Made withinDC&Austin
    Statements
    321,452
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    Home/Original/inverse
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    Inverse View

    It is not the case that Neil MacCormick's critique of Hart explicitly demonstrated that children's rights are the clearest counterexample to will theory's capacity requirement.

    ?Set your confidence on the premises below to see your aggregate.

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Children's rights might not require will theory's full capacity—only potential or future capacity to exercise rights.
      ?

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    • 2.Hart himself distinguished between rights-holders and those who exercise rights, allowing will theory to accommodate children.
      ?

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    • 3.Even interest theory struggles with children's rights, so MacCormick's critique doesn't uniquely vindicate alternative approaches.
      ?

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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Children possess legal rights (education, protection) yet cannot exercise the conscious choices will theory requires.
      ?

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    • 2.Will theory's capacity requirement implies rights depend on autonomous decision-making ability, excluding the cognitively immature.
      ?

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    • 3.MacCormick's insight shows we recognize children's rights as genuine precisely when will theory cannot explain them.
      ?

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