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    LoyalLoyalJusticeJustice
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    Guardians, trustees, and parens patriae doctrines allow c... — Carmelics
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    Challenges→Very young children and the severely mentally ill cannot have legal rights

    Guardians, trustees, and parens patriae doctrines allow courts to enforce rights on behalf of those lacking capacity without negating those rights.

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    1 reason for
    1 reason against

    Reasons For

    1 perspective
    Reason for
    ?
    • 1.Rights exist independent of capacity to exercise them; a comatose patient retains bodily autonomy rights even without decision-making ability.
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    • 2.Delegated enforcement through guardians mirrors how we handle other incapacities: agents execute contracts, parents consent to medical care for minors.
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    • 3.Court oversight of guardian decisions provides accountability mechanisms that protect rights better than abandoning incapacitated persons to neglect.
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    Reasons Against

    1 perspective
    Reason against
    ?
    • 1.Guardian-enforced rights often reflect guardian preferences, not incapacitated person's actual values, making 'enforcement' a euphemism for substituted judgment.
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    • 2.Parens patriae authority historically justified paternalistic overrides (forced sterilization, institutionalization), suggesting doctrine itself enables rights negation.
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    • 3.Distinguishing between 'enforcing rights' and 'negating rights' becomes meaningless when the incapacitated person cannot consent to or challenge the enforcement.
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    Related

    Court oversight of guardian decisions provides accountability mechanisms that pr...Delegated enforcement through guardians mirrors how we handle other incapacities...Distinguishing between 'enforcing rights' and 'negating rights' becomes meaningl...Guardian-enforced rights often reflect guardian preferences, not incapacitated p...
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    Parens patriae authority historically justified paternalistic overrides (forced ...Rights exist independent of capacity to exercise them; a comatose patient retain...Very young children and the severely mentally ill cannot have legal rights

    Details

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    claim
    Perspectives
    2 (1 for, 1 against)
    Edits
    1 edit