| Papers [1-15] of 100 :: [Page 1 of 7] | | Go to page : 1 2 3 4 5 6 7 —> | Search results on "CONSENT THEORY": |
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Consent Theory, 2002.
A study of the consent theory based books by John Locke and David Hume.
2,620 words (approx. 10.5 pages), 0 sources, MLA, $ 78.95
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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."
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Consent Theory, 2005.
A look at consent theory and some of its reformist protagonists.
2,990 words (approx. 12.0 pages), 4 sources, MLA, $ 103.95
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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 ..."
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John Locke and Consent, 2004.
Discussion of Locke's argument that consent is the only basis for legitimate political authority.
1,444 words (approx. 5.8 pages), 4 sources, MLA, $ 47.95
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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."
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Age of Consent Laws, 2004.
This paper discusses the history of age of sexual consent laws and some of the current debate surrounding this issue.
900 words (approx. 3.6 pages), 4 sources, MLA, $ 31.95
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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.? "
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Informed Consent and the Surgical Patient, 2002.
An overview of the importance and process of obtaining informed consent from the patient before undergoing surgery.
1,900 words (approx. 7.6 pages), 5 sources, $ 71.95
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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.
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The Doctrine of Informed Consent and Patient Autonomy, 2008.
Looks the doctrine of informed consent and patient autonomy as applied to modern medical ethics.
2,795 words (approx. 11.2 pages), 5 sources, MLA, $ 83.95
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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."
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Consent for Organ Donation, 2004.
A study looking at the effect race has on organ donor consent rates.
1,350 words (approx. 5.4 pages), 5 sources, APA, $ 47.95
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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..."
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Maryland - The Legal Age of Consent, 2001.
This paper is a critical analysis of the very young legal age of consent in Maryland.
1,075 words (approx. 4.3 pages), 5 sources, MLA, $ 37.95
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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."
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"Manufacturing Consent", 2003.
Analysis of Edward Herman and Noam Chomsky's "Manufacturing Consent".
690 words (approx. 2.8 pages), 1 source, APA, $ 23.95
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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.
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Informed Consent & Dental Treatment, 1997.
Three legal standards for medical care, child patients, liability, court decisions, risk disclosure and written consent.
1,350 words (approx. 5.4 pages), 39 sources, $ 47.95
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From the Paper
"Informed Consent and Dental Treatment
This paper will discuss the issue of informed consent in the area of dentistry. The first part of the paper will discuss the standards used to define informed consent. The second part of the paper will examine what information is considered "material" and therefore necessary for disclosure. The third part of the paper will look at the unique problems presented by child patients. The fourth part will discuss the issue of implied consent. The last part will discuss some of the specific information which must be disclosed.
Informed consent in dental treatment is identical to that in other types of medical treatment. The general rule in all cases involving medical treatment is that the prior consent of the patient is required in order for a physician to provide such treatment. "
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"Manufacturing Consent", 2006.
This paper discusses Noam Chomsky's view of democracy, as seen in his book, "Manufacturing Consent".
994 words (approx. 4.0 pages), 0 sources, $ 35.95
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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."
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American Indian Tribes and the Consent Paradigm, 2002.
An examination of important cases which shifted the power of tribal members over their land versus power congress has over the same land.
2,944 words (approx. 11.8 pages), 9 sources, MLA, $ 87.95
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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."
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Informed Consent and the Vulnerable Therapist, 2005.
An examination of the problems inherent in the therapeutic relationship.
4,715 words (approx. 18.9 pages), 15 sources, APA, $ 121.95
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Abstract
This study provides relevant research on the legal issues involved in informed consent and appropriate signed releases, provides a review the importance of informed consent, and the ethical and legal liabilities involved for the treating therapist and the agency when this is not accomplished. Additionally, the non-sexual boundary crossings and violations, with particular attention to what the relationship of the therapist may mean to the client and how that can impact not only the therapy, but the ability of the therapist to maintain professional judgment and possible blurring of boundaries, which might lead to the perception of harm in the client's mind, are examined. A summary of the research and salient findings are presented in the conclusion.
From the Paper
"The therapeutic relationship is in most cases at once both intensive and intimate by necessity - in many cases beyond anything experienced by either the therapist or the client outside the therapeutic setting, but it is also guided by the need to maintain careful boundaries between the therapist and client to ensure both are protected. It is also important to ensure that clients are adequately informed about the therapeutic procedures involved in their treatment and that this consent is appropriately documented throughout the treatment process. These considerations have assumed new importance today as treating therapists are being confronted by an increasingly litigious society, particularly as regards mental health practitioners (Hedges, 1997). To this end, this paper will provide: 1) an examination of the importance of securing informed consent and appropriate signed releases, and the legal and ethical liabilities involved for the treating therapist and the agency when this is not accomplished; and 2) the issue of therapeutic boundaries (also frequently called "boundary crossings" and "boundary violations"). There are different philosophies about what boundary crossings are and what the effect of these are on therapeutic relationships. The issue of informed consent also arises in this analysis."
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Contracts: Capacity and Consent, 2006.
A hypothetical case study of a legal issue pertaining to a lease contract.
675 words (approx. 2.7 pages), 0 sources, $ 26.95
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Abstract
This paper is an answer to a legal hypothetical presented whereby Marshall would be obligated to Fletcher for the rent money he agreed to pay when he entered into a contract at the age of 17, but took steps after he reached the age of 18 to ratify the contract.
From the Paper
"In the present case, Marshall entered into the contract to lease an apartment and pay one half of the rent with Fletcher paying the other half. "A contract is a legally binding agreement enforceable in a court of law"(Bennett, p. 1). For a contract to be valid it must meet certain requirements. The basic requirements are that there is a meeting of the minds, acceptance, and consideration. These three are present in this case. There is no suggestion in the hypothetical that Marshall did not know what the lease entailed, the length of time of the lease, or what portion of the lease he would be responsible for. "
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Karl Marx and Max Weber On Consent and Legitimacy, 1993.
A comparison of the views of Karl Marx and Max Weber on the basis of political power in the modern state.
1,350 words (approx. 5.4 pages), 5 sources, $ 47.95
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From the Paper
"This study will explain the importance of the different concepts of consent/legitimacy in both Marxist and Weberian theories of the state. The study will show in both cases --Marxist and Weberian theories --- how these legitimacy concepts are relevant to understanding the actions of the contemporary state.
Both Marx and Weber have supportable arguments to make about the nature of legitimacy, but it seems to this reader that Weber spends much time and energy skirting the basic economic interests of the state which Marx focuses on as the basis for legitimacy and for the actions of the contemporary state in the world system.
Essentially, Marx argues that the concept and practice of legitimacy flow from historical materialism, the development of..."
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