Nunt wrote:I don't. At least not in general. I might have forgot to put emphasis on the role of parents and guardians. When the danger to the child is not so clear cut, then I would say that parents have the responsibility to decide what is in the best interest of their child.
The role of courts would be to solve conflicts between parents and children: When can the child make his own decisions? When is their child abuse by the guardians? For example, serving alcohol to a toddler would not be allowed (even if the toddler explicitly asks for it), serving alcohol to a teenager may be allowed. So even while parents get to decide over the grey areas, courts should still be able to enforce/forbid the black/white areas.
Another role for courts would be to solve the relation between parents and children in the absence of their parents? For example, if I am a shopkeeper am I allowed to sell heroin, alcohol, coca cola, carrots to a 12 year old without parents present? Assume the case where the parents dont want to child to drink coca cola. But the child enters the store alone, so the shopkeeper does not know this. Is he commiting a crime when he sells the coca cola? So courts have a role in legally defining what shopkeepers can sell to children without their parents permission.
Well we're talking about an anarchist society which means private courts.
If I'm explaining something you're already familiar with here, I apologize, but private dispute resolution would likely work similar to credit card disputes. The society signs on with a an organization, we'll call it the Politics Forum Association. Members of the PFA benefit from its services, but also have to follow its rules. The PFA has to create rules that are as acceptable as possible to the whole, because otherwise we will join a competing organization.
So if what the society wants is a rule that you cannot sell heroin to children under the age of X, any business that wants to be able to associate us has to follow that rule. Rather than throw them in jail or charge a fine, or both, they are simply no longer allowed to participate with us. Maybe there is another society that has a different opinion than we do; if so the owner is better off there.
We can apply this concept in an equal fashion to child abuse. Rather than use segregation for abusers, our organization has incentive to make sure the parents get psychological evaluations, take parenting classes, get counseling, etc. The reason for this is, having them as productive members benefits us all in a profit sense, and having them remain dysfunctional is a huge expense.
As for abandonment, well, I wouldn't want to participate in a society that didn't acknowledge the parents' obligation to take care of their children.
These are of course just examples, but the point is, there's a plethora of options beyond create an overwhelming force of oppression, and then oppress.