ion to preserve, nourish, and educate their children; not because they consented to do so, but because they have a natural duty to do so. 2. The Problem of Positive Parental Duties The first difficulty with Locke's theory of childrens' rights is that the positive duty of parents to raise their children seems inconsistent with his overall approach. If, as Locke tells us, "Reason teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his Life, Health, Liberty, or Possessions." (Second Treatise, sec.6), it is difficult to see why it is permissible to coerce parents to provide for their offspring. In general, in Locke's scheme one acquires additional obligations only by consent. Even marriage he assimilates into a contract model: "Conjugal Society is made by a voluntary Compact between Man and Woman " (Second Treatise, sec.78) We should note that in section 42 of the First Treatise, Locke affirms that the radically destitute have a positive right to charity. "As Justice gives every Man a Title to the product of his honest industry so Charity gives every Man a Title to so much out of another's Plenty, as will keep him from extream want, where he has no means to subsist otherwise." But this hardly rules out relying on voluntary charity if it is sufficient to care for all those in "extream want." Quite possibly, this right would never have a chance to be exercised in a reasonably prosperous society, since need would be minimal and voluntary help abundant. Moreover, it is hardly clear that the duty to provide for the extremely needy rests only on some sub- group of the population. This passage seems to make it a universal duty of all of society's better-off members. For these two reasons, then, it would seem hard to ground positive parental duties on the child's right to charity. For if the number of children with unwilling parents is sufficiently tiny, and the society in which they a...
