Abstract This paper studies the problematic age of legal consent in the United States in general and Maryland specifically. It analyzes the importance of maturity in making this decision and argues that maturity and reason is not necessarily decided by age. The author sees that the law seems to divert focus to age rather than to consent. It gives an example of a story about minors having consensual sex but not necessarily willingly. It concludes that children who are immature should be protected from rash decisions in order to make sure they don't get emotionally and physically scarred.
From the Paper "Here's something you probably didn?t know, boys and girls! According to the ?Legal Age of Consent Website,? the legal age of consent in the state of Maryland is fifteen. In layperson's terms this means that before the age of fifteen, even if you want to say ?yes, yes, yes,? a la Meg Ryan in ?When Harry Met Sally,? certain rules and restrictions may apply. This is reasonable, correct? After all, you are minors. You all have certain special legal protections and privileges (Such as making sure your legal guardian gives you bread, McDonald's milkshakes, and board. Such as the fact mall security noticed those platform shoes you just happened to walk out of Delia's with won"t be a part of your permanent record). Why shouldn"t the law also reserve an interest in protecting you from your own potential lapses in judgment so you can better become a happy and healthy adult? The image of a fifteen-year-old-girl dating a college student probably not only seems like a huge lapse to your parents and to the world at large but to many of your own minds as well."
Abstract This paper looks at consent theory and discusses some of its reformist protagonists, Locke, Walzer and Otsuka and its antagonists Simmons and Klosko. It also looks at the basis of the theory as it originated in ancient Greece and at Locke's consent-or-leave belief and how unrealistic it is.
From the Paper " Both Locke and Rousseau assumed that residence in a state implied tacit consent but Simmons does not agree with their assessment. He says that this cannot be reasonably assumed because continued residence would them imply a lack of response to ..."
Abstract This paper discusses the effect that race has on consent for organ donations. The paper looks at the problem of shortages of organ donors for transplants as well as the various approaches for increasing organ donations. The paper contends that no significant correlation exists between race of the requester and the potential donor and the number of organ donor consents.
From the Paper "The following research paper explores the effects of race on organ donation Specifically, the research objective is to determine if there is a relationship between organ donor consent rates and the matching of race requester to race of potential donor families. Pearson's correlation was used to demonstrate significant relationships. It was expected that there would be a significant relationship between the variables, however the study findings did not support the study hypothesis that there is a significant correlation between..."
Abstract This paper explains that American common law, which formed the basis for later legislatures, set the ?age of sexual consent? at ten; but, today, the laws are different in different states: California, Oregon, Arizona, and Wisconsin set age 18 as the minimum age for consensual sex (for girls); most other states set age 16 or 17. The author points out that, recently, the American Civil Liberties Union (ACLU) has filed a case in a Kansas appeals court demanding the reduction of the age of consent back to 13, as was originally defined in the "Common Law". The paper stresses that 'age of consent law' has an important restrictive role in our present day society and serves to protect young children from undue exploitation.
Table of Contents
Introduction
A Brief History
The Present Law
Controversial Reactions
Conclusion
From the Paper "Topics of such controversial nature carry arguments from both groups. One the one hand are the parents, social reformers and religious leaders who are concerned about the declining moral values and the health disorders that will result from premature sexual indulgence. This group of people is trying to raise the limit of the age of consent and hope that a legal barrier would prevent what they perceive a moral disaster and protect young and innocent children from exploitation. On the other hand are those (ACLU) who revolt against the law as an intrusion into children's personal rights. These groups consider the restrictive laws as ?a cogent and passionate critique of the war against young people's sexuality.? "
Abstract The paper emphasizes Locke's contention on consent, according to which Locke states that consent is the only basis for legitimate political authority. Consideration and analysis of this contention, along with discussions of the following questions are elaborated further in the essay. What are Astell's criticisms of Locke on consent? Are they good ones? Why or why not? Are there others? Does Locke's criterion rule out too little or too much?
From the Paper "John Locke was born in the year 1632; his name is still counted amongst the renowned philosophers of that era. Although he has written many works related to philosophy but he is widely known and accepted for his formulation of liberal political philosophy. John Locke presented his own views and opinions regarding the liberal political philosophy and gradually his formulation was read and understood."
Abstract An analysis of the Consent Theory based on books by John Locke "A Letter Concerning Toleration" (1689) and David Hume "Of the Original Contract (1748). " The author of the paper shows that the Lockean theory of consent and Hume's idea of original contract are similar in that both believe the importance of the law, the recognition of who is the supreme ruler, and no property should be taken from someone without good and just cause. The paper ties the theory up with the question of law and obedience in the United States.
From the Paper "Locke believed in religious right but stood firm in that the laws of the magistrate should be obeyed. He believed that no one should take another person's belongings should not be taken by others in regard to religious threats. However, Locke believed that if members of the society transgressed the laws, then the society "has power to remove any of its members who transgress the rules of its institution; but it cannot, by the accession of any new members, acquire any right of jurisdiction over those that are not joined with it." He believed that if someone did not obey the law, then they should be removed from its society. If a person wants to come to the United States, then he/she should follow the laws of the country."
Tags: Higher, Power, peace, order, United, States, Declaration, of, Independence, government
Abstract This paper focuses on the importance of obtaining informed consent before a surgical procedure. The patient, whose body is to be operated upon, needs to know about possible risks and complications involved in the procedure along with all the benefits that he can reap from the surgery in order to make an informed decision. The paper highlights the common features of an informed consent document and also discusses the role played by registered nurses in this process.
Abstract This paper explains that the doctrine of informed consent and patient autonomy emphasizes the dilemma that modern medicine experiences when faced with the issue of a patient's right and autonomy to decide what is going to be done to his or her own body once he or she is committed to a healthcare unit. The paper then points out that the once unquestionable acceptance that the patient should leave him or herself completely in the care of the medical staff seems to be outdated. The paper then goes on to define the concepts of patient's right of patient autonomy and the physician's obligation of informed consent. The issue may appear to be simple; however, there are many aspects to this doctrine. These are discussed in the paper.
From the Paper "Wear also identifies many other aspects and medical situations where informed consent and patient autonomy can be harmful from a medical point of view, rather than beneficial. According to Wear, the two bioethics concepts can be termed as 'fast ethics', as in 'fast food', that is, a compromise between real ethical principles and no principles at all. Wear emphasizes thus that the ethos itself and its functionality may be seriously undermined in such cases where the doctors are confronted with the spontaneous behavior of the patients who are confronted with the truth about a serious illness or condition."
Abstract The paper explores the literature that discusses the legal issues involved in the issue of informed consent in any type of medicine, whether conventional or alternative. The paper also examines the lack of formal oversight authority in the field of complementary and alternative medicine (CAM). The most prominent factor in this literature review was a lack of academic articles on informed consent and CAM in peer-reviewed journals. The paper explains that this demonstrates that CAM still has failed to find acceptance in mainstream medicine, regardless of the growing trend towards its use.
Outline:
Legal Issues
Lack of Standards
Conclusion
From the Paper "The topic of informed consent is important for any portion of the legal profession. Informed consent assures that patients remain an integral part of the decision-making process. The field of complementary and alternative medicine has remained on the fringes of the medical community. This branch of medicine has avoided standardization until recently, when a hostile legal climate has forced it to adopt many of the components of formal medicine. Informed consent is an important part of this standardization process."
Abstract The paper shows Noam Chomsky's opinion regarding the content of the media. The writer explains that Chomsky feels that the news is actually propaganda and that there are a vast number of people who are uninformed and heavily propagandized. The writer explains Chomsky's belief that America is not a democracy. In summation, the paper explains that we believe what we are casually told is the truth and that news is America's largest manufactured product.
From the Paper "Chomsky, of course, is no bearded recluse, furiously scribbling in some loft, and railing against capitalism because he cannot (or does not want to) be a part of it. Chomsky is a professor of linguistics at M.I.T. And his major reasoning is that, in order to cope effectively with the daily media barrage that assaults us- from newspapers to weekly news magazines, to prime time network "magazines" not to mention the brief sound bites on the nightly network news programs- people must undertake "a course of intellectual self defense".
"What does he feel we must defend ourselves against? For one thing the smugness of being American, being the "greatest super power of the world", required to be the world's policeman and moral indicator, sending troops, goods, company executives, and most of all, billions to shore up the good will we require from the rest of the world."
Abstract This paper presents an analysis of Edward Herman and Noam Chomsky's "Manufacturing Consent", as assessment of mass media in the U.S. media structure and performance. It examines the role of the American government and corporate giants in defining the news. The paper examines methodology.
A comparison of John Locke's "Commitment to the Principle of Consent" in his "Second Treatise on Government" with Frederick Douglass' "What to the Slave is the Fourth of July."
Abstract This paper compares and contrasts John Locke's "Commitment to the Principle of Consent" in his "Second Treatise on Government" with Frederick Douglass' "What to the Slave is the Fourth of July." Through these works, the paper compares Locke's and Douglass' view on peace and slavery. The paper concludes that both writers argue convincingly that slavery is innately unnatural to the human condition.
From the Paper " Locke further points out that government is legitimate only as a result of having the consent of those it governs. Government, moreover, in exchange for that consent, is responsible for protecting citizens' lives, liberty, and estate [property]. In the absence of the consent of the governed, moreover, Locke asserts, citizens have the right to rebel against their government. Locke begins Chapter 4 of his Second Treatise on Government by defining "natural liberty" as the individual's fundamental right to be ruled solely according to the laws of nature, and "social liberty" as the human right to be governed under no legislative power besides one based on the consent of the people it governs."
This paper examines the factors that influence a teenager's decision to have an abortion, including economics, Planned Parenthood programs, and parental consent laws.
Abstract This paper explains that the Life Options model, the concept of planning for the future and having the ability to have some control over that future, is a major force behind deciding to have an abortion. The paper points out that, though many experts assert that parental consent laws are good and reduce abortion, there are many health professionals that believe that parental consent is not a good policy because parental consent laws can delay the amount of time that it takes a teenager to inform their parents about their pregnancy and places the teenager in a position to experience negative health risks. The paper concludes that Planned Parenthood programs are effective because they allow teens to ask specific questions and get accurate answers about sex, STDs, contraception, pregnancy, and abortion.
Table of Contents
Introduction
Research Questions
Literature Review
Economic Factors
Do Planned Parenthood Programs Reduce the Amount of Abortions?
Parental Consent Laws and Decreased Abortion Rates
Hypothesis
Variables
Validation of Hypothesis
Methodology/Procedure
Analysis and Interpretation
Limitations
Conclusion
From the Paper "As you can see socioeconomics definite plays a role in influencing a teen's decision to have an abortion. To explain it simply teenage girls that have the financial means to have an abortion are more likely to choose abortion as an option. In addition, teenagers that know that they can obtain a college education are more likely to pursue an abortion. Those that are disadvantaged have very little hope about their future plans and are very often struggling academically. Also studies suggest that there are differences in abortion rates among those of with different racial backgrounds."
Tags: options, delay, control, travel, information
Abstract In an article entitled "The Consent Paradigm: Tribal Sovereignty at the Millennium," published in the Columbia Law Review, author Scott Gould (1996) asserts that federal Indian law has changed to the extent that presently, the nature of tribal power has been transformed from "land-based sovereignty" to "sovereignty based upon consent". The author outlines the Supreme Court's ruling in Montana vs. United States,concerning the authority of the Crow Tribe to regulate hunting and fishing by non-Indians on lands within the Tribe's reservation that were owned in fee simple by non-Indians. This is the benchmark case concerning tribal civil authority over nonmembers. This case was used in the application of another case, Strate, involving an automobile accident between an employee of A-1 Contractors -- a non-Indian owned company with its principal place of business outside the reservation, who was under contract to a wholly-owned corporation owned by the Tribes -- and a non-member, non-Indian (Fredericks), who was the widow of a deceased member of the Tribes. The court's application of the Consent Paradigm to the Strate case provides evidence that it was determined to justify the doctrine on a case-by-case basis.
From the Paper "Petitioners argued that the "exhaustion rule," as stated in National Farmers and reiterated in Iowa Mutual, justified the requirement of exhaustion of tribal remedies before allowing federal court challenges to tribal court jurisdiction on prudential considerations because "[c]ivil jurisdiction over such activities [of non-Indians] presumptively lies in the tribal courts unless affirmatively limited by a treaty provision or federal statute." (Iowa Mutual, 480 U.S. at 18.) The Strate Court, however, found this presumption to be reversed, and basing its holding on Montana, relied on an absence of congressional direction enlarging tribal court jurisdiction."
