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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.
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Reasons For
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Reason for
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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
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Reason against
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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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