Sociobiology wrote:Infected Mushroom wrote:but you can't make a contract that adversely affects the rights of third parties
sure you can, every application of rights involves limiting the rights or perceived rights of others.
rights by their very nature are always in conflict.
For example, I can't make a contract with B that takes away some of C's rights (and C is not a party).
yeah you can, it happens all the time, serious go learn something about real contracts before making such an absurd argument.
parents can sign their children up for military schools, sign off on medical procedures, transport them across national borders and renounce your citizenship , ect.
First of all, the transporting people across national borders thing and the renouncing of citizenship etc are NOT recognised under the law as contracts and they really aren't because the child has no effective say.
Signing people up for military schools or signing people off on medical procedures doesn't adversely affect the child's (as a non-party to the contract) legal liabilities and rights under the law and that is what matters here. Military school or no military school, the child still enjoys the same rights under the law and the same liabilities under the law. The contractual nature of these things do not unilaterally alter the non-party's rights and liabilities under the law while offering them a supposed benefit under the law (whether you see it as a benefit or not is a different matter). Military school grants the child, as a non-party a military education. Not consenting the child to a medical procedure gives the child the benefit of protection from intrusion by doctors (whether justified or not its a different matter). But the child's rights and liabilities under the law as a whole are not changed. The child didn't for instance, sign away his right to receive notice under the common law.
By contrast, if parents were allowed to sign up the children so that they can be subject to the right of the government to make laws that fundamentally alter their rights, that is unacceptable. There is absolutely no comparison.
You should also stop questioning my understanding of contract law because if you consider transporting your children to another jurisdiction to be an act of contract law (or revoking their citizenship through a guardian to be such), clearly you lack even the most fundamental understanding of contract law yourself and you are in no position whatsoever to question my position as a law student.