Procrustes Stretched
"intuition and imagination and intelligence"
Teens-Cancer-Informed Consent: E.G. and C.C. A Tale of Progressive & Nebulous Legal Theories
There is a thread in this forum (Law and justice System). In the Opening Post we have this statement by drifter: "In one instance she is allowed to do what she wants with her body ( as in abortion), but in another instance she is not allowed to seek a medical alternative if she wants to." which is basically what a large segment of the posts in that thread are arguing and debating. You also get a few legal discussions, more than a few political and ideological rants, and some just plain world-wide-web stuff. In that atmosphere, many fine and well thought out arguments get lost. Fine as in excellent and/or first rate
Court Denies Teen’s Wish to Refuse Cancer Treatment
But are these arguments legal arguments?
I'd like to see if others understand and wonder about the legal concepts as well as the political and ideological repercussions of the legal arguments. An example of what Dante is wondering is do people who argue drifter's original position if a minor has a right to an abortion "based on it being her body her choice, she should have the right to choose her medical care." know they are mimicking a progressive legal argument? A progressive legal argument I would say is considered by consensus of medical and legal professionals to be at best -- nebulous. As a legal concept it is at best, nebulous.
Isn't supporting the mature minor doctrine, tantamount to supporting activist courts?
At first glance, if principle is to rule the day, arguing for a minor to be judged to be cognitively mature enough to truly understand the consequences of their choice, their actions, demands consistency, but...
I'll go further f there is genuine interest in the legal concept and what it all means.
and E.G.? Ernestine Gregory: Exploration for physicians of the mature minor doctrine. - PubMed - NCBI https://www.law.uh.edu/healthlaw/perspectives/2006/(DM)MatureMinor.pdf Teen s Religion Raises Life-and-death Questions - Page 2 - Chicago Tribune http://pediatrics.aappublications.org/content/131/4/786.full.pdf
we've been down this road before......................................
mature minor rule or the mature minor doctrine
There is a thread in this forum (Law and justice System). In the Opening Post we have this statement by drifter: "In one instance she is allowed to do what she wants with her body ( as in abortion), but in another instance she is not allowed to seek a medical alternative if she wants to." which is basically what a large segment of the posts in that thread are arguing and debating. You also get a few legal discussions, more than a few political and ideological rants, and some just plain world-wide-web stuff. In that atmosphere, many fine and well thought out arguments get lost. Fine as in excellent and/or first rate
Court Denies Teen’s Wish to Refuse Cancer Treatment
But are these arguments legal arguments?
I'd like to see if others understand and wonder about the legal concepts as well as the political and ideological repercussions of the legal arguments. An example of what Dante is wondering is do people who argue drifter's original position if a minor has a right to an abortion "based on it being her body her choice, she should have the right to choose her medical care." know they are mimicking a progressive legal argument? A progressive legal argument I would say is considered by consensus of medical and legal professionals to be at best -- nebulous. As a legal concept it is at best, nebulous.
Isn't supporting the mature minor doctrine, tantamount to supporting activist courts?
At first glance, if principle is to rule the day, arguing for a minor to be judged to be cognitively mature enough to truly understand the consequences of their choice, their actions, demands consistency, but...
I'll go further f there is genuine interest in the legal concept and what it all means.
and E.G.? Ernestine Gregory: Exploration for physicians of the mature minor doctrine. - PubMed - NCBI https://www.law.uh.edu/healthlaw/perspectives/2006/(DM)MatureMinor.pdf Teen s Religion Raises Life-and-death Questions - Page 2 - Chicago Tribune http://pediatrics.aappublications.org/content/131/4/786.full.pdf
we've been down this road before......................................