LAWS 2201 Lecture Notes - Lecture 5: De Minimis, Parens Patriae, Compulsory Sterilization
Document Summary
Week 5: partial personhood: the legal construction of disability. Is there legislation permitting a court to order an operation on behalf of a mentally incompetent person: 2. If not does court have parens patriae jurisdiction to order operation anyway: 3. If yes, when should that jurisdiction be exercised. No legislation, but parens patriae jurisdiction permits court to authorize involuntary operations under certain circumstances. Those who may hurt themselves or others unless operated on: 3. No evidence here that such an operation would be in the best interest of. No evidence that failure to perform the operation would cause eve physical or mental harm. The parens patriea (the court looks after those who are unable to look after themselves) cannot be used to benefit mrs. e. Only in best interest if it prevents the person from hurting himself or herself or being unreasonably harmed: boarder line eugenics . Facts: 8 year old boy kicked by father (administered with sockinged foot)
