lombas
Society of Brethren
So why don't have you issues exempting the mentally ill or retarded, those that can't debate, from this idea that the ability to debate gives someone the right to not be property?
The mentally ill or retarded are stuck in the "child-level". They are human beings and capable of reaching a level of rationality that would make them able to join a discussion, but they have a clear physical disability (study the word closely) preventing them to evolve.
Thus, like children are looked after for by their parents, also the mentally ill or raterded have their legal guardians.
Compare it with this: someone who is asleep, is by no way capable of entering a rational discussion - so does that give someone else the right to kill him? Surely, when the person asleep cannot reason against it, another person can simply put him to death? But this would mean that the latter could be killed in his sleep as well. That certainly isn't a comfortable way to lead your life - no one can stay awake for 70some years. That's where certain implicit contracts come in: a person asleep cannot reason, but someone else needs to wait until he is awake to make certain decisions like killing him.
Thus, we accept certain physical aspects of our bodies to be able to create a healthy environment, or marketplace as you will, of rational debates.