The parens patriae principle has its underlying foundations in English Common Law. In medieval times different commitments and forces, all things considered alluded to as the "regal right," were saved to the ruler. The lord practiced these capacities in his part of father of the nation.
In the United States, the parens patriae regulation has had its most prominent application in the treatment of kids, rationally sick people, and different people who are legitimately awkward to deal with their undertakings. The state is the incomparable gatekeeper of all youngsters inside its purview, and state courts have the inalienable energy to mediate to secure the best advantages of kids whose welfare is risked by contentions between guardians. This characteristic power is for the most part supplemented by administrative acts that characterize the extent of kid insurance in a state.
The state, going about as parens patriae, can settle on choices with respect to psychological well-being treatment for the benefit of one who is rationally inept to settle on the choice for his or her sake, however the degree of the state 's interruption is restricted to sensible and vital treatment.
The precept of parens patriae has been extended in the United States to allow the lawyer general of a state to begin suit for the advantage of state inhabitants for government antitrust infringement (15 U.S.C.A. § 15c). This power is proposed to facilitate the general population trust, shield the general and financial welfare of a state 's inhabitants, shield occupants from unlawful practices, and guarantee that the advantages of government law are not denied to the overall public.
States may likewise summon parens patriae to secure interests, for example, the we...
... middle of paper ...
... place of shelter. In Ex parte Crouse, 4 Whart. 9 (Pa. 1838), the Pennsylvania Supreme Court rejected legitimate difficulties to the authoritative imprisonment of troublesome young people, taking note of that "The protest of the philanthropy is reconstruction.
To this end, may not the regular guardians, when unequal to the assignment of training, or unworthy of it be superseded by the parens patriae, or normal watchman of the group? It is to be recollected that the general population has a central enthusiasm for the temperance and learning of its individuals, and that, of strict right, the matter of instruction has a place with it . . . . The baby has been grabbed from a course which more likely than not finished in affirmed evil; and not just is the limitation of her individual legal, yet it would be a demonstration of outrageous brutality to discharge her from it"
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- Throughout history juvenile offenders have needed to be protected from the harsh realities that adult offenders face daily. Children as young as 7 years old that were accused of wrongdoing had no rights and were imprisoned with adults. The doctrine of parens patriae provided the basis for the intervention in the lives of wayward youth and defined the legal responsibility towards the protection of children whose security was not guaranteed under the care of their parents. The use of this policy is critical in ensuring the needs of the children are catered for and disparity among them is eliminated.... [tags: juvenile, policy, adults, children]
652 words (1.9 pages)
- Whether the State of Setonia have standing under the doctrine of standing and the parens patriae to file a case and sue the Environmental Protection Agency (EPA), for the release of toxins in the state. The state of Setonia alleges that massive toxins emitted by the Environmental Protection Agency have resulted in global warming, which, in turn, has severely eroded the land where the state of Setonia is and threatens its fourth major industry, tourism, with imminent destruction. The question before us is whether the Environmental Protection Agency (“EPA”) action that the Act authorizes, displaces Setonia’s claims.... [tags: United States, Supreme Court of the United States]
1044 words (3 pages)
- 1) Contrast Chinas “rule by law” with democratic “rule of law”. The principle of rule of law is traditionally associated with liberal democratic ideals. It implies a particular relationship between individuals and the state, the essence of which is protection of individual rights by limitations on arbitrary state power. Such limitations are enshrined in the law and in legal institutions. This notion makes no sense in traditional communist ideology: law is a weapon of the state to use in exercising dictatorship.... [tags: Law, Democracy, Political philosophy, Communism]
1757 words (5 pages)
- The common law is usually called the law established on the basis of judges’ decisions, therefore, judgments and decisions made by judges play an important role in crystalizing the source of law in common law countries. This nature of the common law derived from a doctrine that has developed officially since the 19th century, namely ‘the doctrine of precedent’ or ‘stare decisis’. This doctrine has been seen as ‘the cornerstone of a common law judicial system’ in general since it was approved as a compulsory principle of English law.... [tags: Common law, Law, English law, Judge]
1007 words (2.9 pages)
- Utilitarianism was first brought up along the nourishing of “The Greatest Happiness Principle” introduced by Jeremy Bentham and further developed by John Stuart Mill, who was a follower of Bentham (Sweet, 2013). Based upon its principle, Utilitarianism states that to be good is to generate the greatest possible amount of happiness for the greatest number. In contrast with rational egoism, Utilitarianism focuses more on maximizing the overall net happiness of the majority. When facing a decision to make, utilitarianism provide us the evaluations of actions taken based upon their consequences (Sweet, 2013).... [tags: utilitarianism, happiness principle, utilitarian]
525 words (1.5 pages)
- John Stuart Mill discusses the conception of liberty in many ways. I’d like to focus of his ideas of the harm principle and a touch a little on his thoughts about the freedom of action. The harm principle and freedom on action are just two subtopics of Mill’s extensive thoughts about the conception on liberty. Not only do I plan to discuss and explain each of these parts on the conception of liberty, but I also plan to discuss my thoughts and feelings. I have a few disagreements with Mill on the harm principle; they will be stated and explained.... [tags: John Stuart Mill, harm principle,]
974 words (2.8 pages)
- The Seven Principles of Criminal Law When examining crime, it can sometimes be difficult to tell where to start. Distinguishing a crime from a non-crime can seem like a simple task, but the criminal justice system has several guidelines that answer the question, “What constitutes a crime”. This is the first and most fundamental question in all of the criminal justice system. It is of the utmost importance to determine who has committed a crime so, if found guilty, that individual can be punished and justice can be given to the victim.... [tags: Criminal law, Law, Criminal justice, Police]
770 words (2.2 pages)
- Contract laws had two problems which are old contract law principles often did not reflect modern business practices, and law had become different from one state to another. On many legal topics, contacts law included the national government has had a little to say and has allowed the state to act individually. The UCC was made as an effort to answer two problems. I was a proposal written by legal scholars not a law drafted by members of congress or stat legislatures. The scholars at the American law institute and the national conference of commissioners on uniform state laws had great ideas but they had no legal authority to make anyone do anything.... [tags: Contract, Common law, Uniform Commercial Code]
1058 words (3 pages)
- INTRODUCTION Munyaradzi (2012) critically explores the in-depth weaknesses of beneficence and certain points where it becomes a principle under scrutiny. He begins by blaming ethicists for not exploring the depth of the principle of beneficence in several fields especially in biomedicine. Further, it provides the layman with an introduction to the principle and to how it is used by various health practitioners throughout the world, along with discussing the history of the idea. He then sheds light numerous cases where it becomes highly problematic for physicians to decide upon the issue.... [tags: critical relfections, the utilitarian principle]
898 words (2.6 pages)
- In order to understand the Verification Principle, one must first become familiar with Logical Positivism. Logical Positivism is a school of philosophy that combines empiricism, the idea that observational evidence is indispensable for knowledge of the world, with a version of rationalism incorporating mathematical and logico-linguistic constructs and deductions in epistemology, the study of knowledge (Wikipedia). The Verification Principle as A.J. Ayer states, is a statement is cognitively meaningful if and only if it is either analytic or in principle empirically verifiable.... [tags: Verification Principle, rhetoric, ethics, ]
643 words (1.8 pages)