 In this present context one alleged defect of the will theory is——its exclusion of some humans from the category of right-holders. This is because whilst all humans, and perhaps many classes of non-humans such as animals, have interests that ought to be protected, not all humans have the capacity to exercise choice. Children—along with the severely mentally disabled and the comatose—cannot thus, on the will theory, be the holders of rights. For at least one prominent defender of the interest theory the fact that children evidently do have rights is sufficient to display the falsity of the will theory, thus making children a ‘test-case’ for the latter (MacCormick 1982). Of course someone who is convinced of the correctness of the will theory might readily concede that the theory entails the denial of rights to children but see no reason to abandon the theory. For her the entailment is not, ‘Children have rights. Therefore, the will theory is false’. It is, ‘The will theory is true. Therefore, children cannot have rights’.