What happens if the child is hurt by somebody in a situation where the guardian(s) could not have possibly forecasted; something that is far beyond their control? For example, the child is injured in school due to a construction accident.
The parents are still responsible for the damage. We need to make this absolutely clear. For as long as the child remains un-emancipated, the parents are fully responsible and liable for absolutely anything that may happen to him/her. This is exactly the very same situation a ship Captain’s faces every day. Whatever happens on the boat is the absolute Captain’s responsibility. There are no excuses, way outs or back doors.
The parents have to fix this damage to the child using their property; meaning that the assailant has damaged or diminished the amount of parental property without having a voluntary contract. Therefore the parents have the right to go after the assailant for the entire damage they have suffered.
Again, this is nothing dissimilar as to what happens today. Somebody injures your child, you can sue. But today, in order to do that, you need a legal excuse. If we take our construction accident example, such excuse may be the lack of adherence to safety standards, or poor employee training or unacceptable working hours or conditions. In the current legal system, the contractor may be liable if it was not following a set of codified rules or regulations. Which means that the state or government is deciding if you can or cannot get compensated. Which is incredibly arrogant, considering that is you who suffered damage to your property and not the government.
However, in an Austro-Libertarian environment it is much simpler. You don’t need a legal excuse to sue. It’s actually very simple. The contractor interacted with your property through your child without a valid contract. Therefore, the contractor is automatically responsible for the full amount of the damage. It is your damage and therefore it is your decision.
Knowing this, in an Absolute Austro-Libertarian system there will be plenty of waivers and insurances. Again, in our example the school would demand a waiver for any and all damage that may happen to the child; this is only natural and not that dissimilar to what happens in our schools today.
And what about the contractor? This company would also demand a waiver from the school but in addition, they would have been insured against accidents in a similar manner as to what happens today. The difference is that all these people would have clear and written contracts with other people and be insured out of their own self-interest. Being the Austro-Libertarian justice so swift, this is a rather large motivation to be insured and to do the right thing at the same time; without the need for any artificial rules or regulations. None of these rules or laws are necessary and yet we obtain a better outcome. Surprising, isn’t it?
Now let’s push the boundaries and consider what happens if a parent or guardian murders his / her child before the emancipation. Let’s also assume that this person is single with no other relatives and no other contracts of any kind related to the child’s wellbeing. It would seem like the perfect crime, the perfect murder. Alas, this is not the case at all.
Even though the child will be unable to seek reparations, this does not mean that there is no damage to other people’s properties. The damage that the death of a child produced to other peoples' properties becomes apparent when we consider that this child will not be able to become economically active, This damage is staggering. And this people are entitled to reparations.
This is no farfetched or bizarre conclusion. It is simple statistics. Today, we have sufficient information to estimate the total economic activity a person will have throughout his/her life. We have some idea of how much will they earn, where they will shop and how much they will spend. Statistical bureaus in every country do this all the time. All these people are entitled to compensation.
Which means that there will be large profits to be made, hence organizations specifically geared at investigating this kind of murders will be created. And when the culprit(s) are found, these culprits will be liable with all their properties (including their labor) to all the different companies and people that would have benefited from the child’s economic activity.
If we consider that in most cases people kill people with higher or similar economic levels (i.e. middle class kills middle class), the burden imposed on them by this kind of reparation is staggering. Just imagine the economic burden imposed on somebody who suddenly has a debt of 10 million euros. It is equivalent to a life sentence. Chances are very good this person will never fully repay the debt. Which is exactly what happens today, with the difference that instead of this person being in jail and being supported by taxpayers, this person is actually being economically active and helping the community grow. This is a much more just and balanced outcome.
It is clear that in either scenario the child cannot be brought back to life. However, in one scenario the assailant is a burden to the community while in the other is an asset. Which one would you prefer?
We have exposed you to many examples and cases dealing with children rights and we have showed you why the Absolute Austro-Libertarian way is better, more efficient and more beneficial for all parties concerned. We have showed you how artificial rules and regulations are totally unnecessary, if not counterproductive. We have showed you how a Master Contract is all that’s required.
It’s your turn now. Believe in a better future or not. Your child is watching, what are you going to do?
Note: please see the Glossary if you are unfamiliar with certain words.