In his Society essay, Lykken writes, "I will testify in support of a parental licensure bill to be introduced at the next session of the Minnesota State Legislature. The only sanction proposed in this bill for unlicensed parents who produce a child is periodic visits by child-protection caseworkers who will do an annual audit of each child's physical, social, and educational progress." However, Lykken asserts, "Minnesotans and their legislative representatives will [eventually] recognize the need to take one further step. That step, I suggest, should be to take custody of babies born to unlicensed mothers, before bonding occurs, and to place them for adoption or permanent care by professionally trained and supervised foster parents."
Our society normally regulates a certain range of activities; it is illegal to perform these activities unless one has received prior permission to do so. We require automobile operators to have licenses. We forbid people from practicing medicine, law, pharmacy, or psychiatry unless they have satisfied certain licensing requirements.
Society's decision to regulate just these activities is not ad hoc. The decision to restrict admission to certain vocations and to forbid some people from driving is based on an eminently plausible, though not often explicitly formulated, rationale.(1) We require drivers to be licensed because driving an auto is an activity which is potentially harmful to others, safe performance of the activity requires a certain competence, and we have a moderately reliable procedure for determining that competence. The potential harm is obvious: incompetent drivers can and do maim and kill people. The best way we have of limiting this harm without sacrificing the benefits of automobile travel is to require that all drivers demonstrate at least minimal competence. We likewise license doctors,. lawyers, and psychologists because they perform activities which can harm others. Obviously they must be proficient if they are to perform these activities properly, and we have moderately reliable procedures for determining proficiency Imagine a world in which everyone could legally drive a car, in which everyone could legally perform surgery, prescribe medications, dispense drugs. or offer legal advice. Such a world would hardly be desirable.
Consequently, any activity that is potentially harmful to others and requires certain demonstrated competence for its safe performance, is subject to regulation that is, it is theoretically desirable that we regulate it. If we also have a reliable procedure for determining whether someone has the requisite competence, then the action is not only subject to regulation but ought, all things considered, to be regulated.
1. "When practice of a profession or calling requires special knowledge or skill and intimately affects public health, morals, order or safety, or general welfare, legislature may prescribe reasonable qualifications for persons desiring to pursue such professions or calling and require them to demonstrate possession of such qualifications by examination on subjects with which such profession or calling has to deal as a condition precedent to right to follow that profession or calling." 50 SE 2nd 735 (I949). Also see I99 US 306, 3I8 (I905) and I23 U8 623, 66I (I887).