Chapter04
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This document discusses different theories of rights and their justification. It addresses positive and negative rights, and how rights create correlative obligations for others. It notes that while rights language protects important claims, an unlimited proliferation of new rights risks diluting established rights and the obligations that accompany them. Care must be taken in legitimately expanding rights claims.
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Democratic Theory & American Political Culture
Slideshow prepared for a series of lectures on Democratic Theory and American Political Culture for PS 101 American Government (Fall 2007) at the University of Kentucky. Dr. Christopher S. Rice, Lecturer.
Famous Philosophies
Thomas Hobbes - State of Nature- The state of nature is war. There are no morals in the state of nature, justice is non-existent. He claims that the supreme power determines justice, in a state of nature, there is no power. - Nature of Man- People are created equal, but its just a metaphysical fact, we are all equally in secure. Man is naturally bad, we are out for ourselves at the expense of others in an anti-social way. - Natural Rights in Nature- Only one, the right to preserve ones self.
In Society- What ever the power decides - Type of Government Believed in- parliament/monarchy, impartial power controls all. Wrote all this in the leviathan. - Historical Influence- Hobbes wrote in England. Supported the King during the English Civil war.
John Locke - State of Nature- People get along and are social, it is a type of society in his opinion. There is a sense of justice in the state of nature. People know they ought to obey others rights. People are rational, they would not create a government that makes them worse off than in the TSN. - Nature of Man- People have same moral equity. - Why is a Government Needed- Even though things in the state of nature are great a government is needed because 1. People may disagree over property. 2. There is no written law only natural law 3. Humans may not respect others natural rights though they know they ought to. - Natural Rights in Nature- Rights to life liberty and property. Property is gained when labor is mixed into it. - In Society- Life, liberty and property - Type of Government believed in- A democratic system must be developed to protect natural rights. People will in turn support it.
Source : http://www.writingjunction.com/famous-people-and-their-philosophies
Rights and Duty
For a High School Debate course. Can be used for any level for a basic discussion of rights.
Recommended
Democratic Theory & American Political Culture
Slideshow prepared for a series of lectures on Democratic Theory and American Political Culture for PS 101 American Government (Fall 2007) at the University of Kentucky. Dr. Christopher S. Rice, Lecturer.
Famous Philosophies
Thomas Hobbes - State of Nature- The state of nature is war. There are no morals in the state of nature, justice is non-existent. He claims that the supreme power determines justice, in a state of nature, there is no power. - Nature of Man- People are created equal, but its just a metaphysical fact, we are all equally in secure. Man is naturally bad, we are out for ourselves at the expense of others in an anti-social way. - Natural Rights in Nature- Only one, the right to preserve ones self.
In Society- What ever the power decides - Type of Government Believed in- parliament/monarchy, impartial power controls all. Wrote all this in the leviathan. - Historical Influence- Hobbes wrote in England. Supported the King during the English Civil war.
John Locke - State of Nature- People get along and are social, it is a type of society in his opinion. There is a sense of justice in the state of nature. People know they ought to obey others rights. People are rational, they would not create a government that makes them worse off than in the TSN. - Nature of Man- People have same moral equity. - Why is a Government Needed- Even though things in the state of nature are great a government is needed because 1. People may disagree over property. 2. There is no written law only natural law 3. Humans may not respect others natural rights though they know they ought to. - Natural Rights in Nature- Rights to life liberty and property. Property is gained when labor is mixed into it. - In Society- Life, liberty and property - Type of Government believed in- A democratic system must be developed to protect natural rights. People will in turn support it.
Source : http://www.writingjunction.com/famous-people-and-their-philosophies
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For a High School Debate course. Can be used for any level for a basic discussion of rights.
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Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Principles of Mental Health Laws (Eldergill)
First principles in relation to the drafting of mental health laws.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
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Unit- 05 Bills of rights.pptx
These notes are being provided for BS Nursing students , The notes are prepared as per their curriculum.
Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docx
Lesson 4: Mental Health Policy and the Law
Readings
NOTE: All articles except those with links are on E-Reserves.
Required
Frank, R.G., & Glied, S.A. ( 2006). Better but not well: Mental health policy in the United
States since 1950. Baltimore: Johns Hopkins Press. Chapter 6.
Petrila, J., & Douglas, K. S. (2002). Legal issues in maximum security institutions for people with mental illness: Liberty, security, and administrative discretion. Behavioral Sciences & the Law, 20(5), 463-480. doi:10.1002/bsl.505. Read 463-471.
Levin, B., Hennessy, K.D., & Petrila, J. (2004). Mental Health Services: A public health perspective. Oxford: Oxford University Press. Chapter 3; especially pages 42-50.
Zubritsky, C., Mullahy, M., Allen, M., & Alfano, E. (2006). The State of the Olmstead Decision and the Impact of Consumer Participation in Planning. American Journal of Psychiatric Rehabilitation, 9(2), 131-143. doi:10.1080/15487760600876345.
Optional
Lombardo, P. (1985). Three generations, no imbeciles: New light on Buck v. Bell. 60 New
York Law Review, 60(1), 30-62.
Summary
This week’s lesson centers on some of the key legal decisions that have influenced mental health policy and practices in the United States. We encourage you to explore some of the cases in depth which will be briefly described below; the facts of the cases can be very interesting. Remember, you will be responsible for writing a paper related to mental health law that will be due October 4th.
Early Court Involvement in Mental Health Policy
Until the middle of the 20th century with the advent of the civil rights movement, there were few laws protecting the rights of people with mental illness. Decision-making regarding hospitalization and care was left to hospital directors and psychiatrists with no required consent of the individual. Persons with mental illness could be involuntarily committed to a mental institution and remain there indefinitely with no legal protections. They could be medicated and operated on without their consent. No protections existed to assure that they were treated humanely and that the facilities in which they were housed were sanitary. When lawsuits were brought to defend their rights, cases were very often dismissed or ruled against them One extreme example was Buck v. Bell (1924), where the U.S. Supreme Court ruled that the forced sterilization of a young woman with a developmental disability was not a violation of the Due Process clause of the 14th Amendment to the U.S. Constitution.
Protections that required medical professionals to obtain patient consent before performing a procedure were afforded in Schloendorff v Society of New York Hospital in 1914 but these protections did not applied to those patients who were not of “sound mind”. Only much more recently have medical professionals been required to extend these protections to those with mental illness (see Salgo v. Leland Stanford Jr. University Board of Trustees ...
Principles of Mental Health Laws (Eldergill)
First principles in relation to the drafting of mental health laws.
Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
Essay Questions Exam #1
Due Sunday Oct 19th @ 10pm
Emmanuel
1. What are the differences between domestic law and international law? What are the sources for international law?
Domestic law is enforced by legit government. Codified by a legitimate government. Domestic law is dominated by dominated by culture. No true international law
International law – 1) a nation can consent to be bound by international law (agree to a treaty)
2)a convention (comes out of the UN) UN has to be signed by each country- international contract. 3) also consent by custom & practices.
2. What is "enfranchisement"? Discuss the amendments in the US Constitution that applies to
Enfranchisement- to admit to the privileges of a citizen and especially to the right of suffrage
Amendments
· 15th – blacks
· 19th –deals with women rights
· 23th –Washington D.C. can vote
· 24th – abolish property tax vote
· 26th – Lower voting age to 18 years
David Lopez
3. What is “ethics”? What is “morality”? What are the differences between ethics, morality and the law? Briefly discuss legal obligations, professional obligations and organizational obligations.
As mentioned in chapter 5, at the most basic level, ethics constitutes right or wrong behavior. It is a branch of philosophy focusing on morality and the way moral principles are derived and implemented. Ethics has to do with the fairness, justness, rightness, or wrongness of an action. Morals are influenced by culture or society, however they are principal’s set individually by person to person. Business ethics and business law are closely intertwined because ultimately the law rests on social beliefs about right and wrong behavior in the business world.
4. What is "pleadings"? Discuss the contents of a complaint.
The complaint and answer, taken together, are known as the pleadings.
-The facts showing that the court has subject- matter and personal jurisdiction
-The facts establishing the plaintiff’s basis for relief,
-The remedy the plaintiff is seeking.
5. Discuss at least four reasons why the court will apply equitable remedies. Note:UMIRU
Equitable remedies include specific performance, an injunction, and rescission. Specific performance involves ordering a party to perform an agreement as promised. An injunction is an order to a party to cease engaging in a specific activity or to undo some wrong or injury. Rescission is the cancellation of a contractual obligation.Todays courts will not grant equitable remedies unless the remedy at law (monetary damages )is inadequate.
6. Briefly discuss the major publication, practices and invention that had an influence on the US Constitution.
Ideas from many people and several existing documents, including the Articles of Confederation and Declaration of Independence had major influences on the publication for the constitution.
7. What is evidence law? What criteria must be met for evidence to be admissible.
The law of evidence provides principle ...
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Lesson 4 Mental Health Policy and the Law ReadingsNOTE All.docx
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Essay Questions Exam #1 Due Sunday Oct 19th @ 10pm Emmanuel .docx
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Chapter04
- 1. Chapter Four The Nature of Rights in Ethical Discourse