 There are different ways in which the liberationist claim about capacity—whether qualified or not—can be made. One is by defending a ‘thin’ definition of capacity. For example it may be said that children can make choices if what this means is expressing preferences. Of course the response is that the ability to choose, thus minimallydefined, is indeed possessed by children (even fairly young children) but it is not a capacity sufficient to qualify for rights ownership. What is needed for that is more than simply the ability to express or communicate a desire; what is needed is an ability to understand and appreciate the significance of the options facing one, together with independence of choice. After all the animal who moves from one feeding bowl to another may be said thereby to ‘choose’ the food in the latter bowl. But the animal does not have a general capacity of choice sufficient to qualify it as a holder of liberty rights.