Should We Favor The Mother In Child Custody Cases? Yes.

Should We Favor The Mother In Child Custody Cases? Yes.

From: N
Sent: Saturday, September 1, 2018 11:30 AM
To: Walter Block <>
Subject: Child Custody and Libertarian Law

I think the following could be used as an argument in favor of the mother in child custody cases under libertarian law. What do you think?

“We’re always taught that our mothers and fathers contribute equally to our genetic composition, but this isn’t quite true: the mitochondria in every one of your cells (and the DNA that comes with them) come from the mitochondria that were initially present your mother’s egg, which, when fertilized by your father;s sperm, developed into you. In other words: all of your mitochondria are descended from your mother’s mitochondria. The tiny sperm contributes DNA , but no cytoplasm and, hence, no mitochondria . Consequently, mitochondrial DNA is something that we inherit exclusively from our mothers. This is true not only in humans but in most multicellular eukaryotes. As the fertilized egg develop into a two-celled, then four-celled, embryo, the mitochondria split themselves by a process called fission, the same process in division and DNA duplication used by bacteria—so there is always a sufficient number of mitochondria for the newly produced cells. This similarity between mitochondria and bacteria is another characteristic that supports the theory that mitochondria were originally symbiotic bacteria.” – Page 107, What is Life

Dear N: My usual practice is not to allow total lack of knowledge to stop me from pontificating about issues. But, here, I must violate my own general rule. I know nothing about the biological issues of which you speak. However, I do have strong (libertarian) views over who has more claim to the guardianship rights of the child. It is the mother. I base this on homesteading theory, a la John Locke, Murray Rothbard and Hans Hoppe. I don’t support the labor theory of value, but I do the labor theory of property rights. He who “mixes his labor” with something gets to own it. Both mother and father took an equal time period to create the fertilized egg, after which the mother put in 9 more months of sometimes pretty intensive labor in supporting the baby during which the father need not have done anything. So, we libertarians should be biased in favor of the mother owning the guardianship rights to the baby.


8:43 pm on October 30, 2018