Ch3 PP2 Social Science Studying the Law's Goals (Protection of the Public Welfare) (3.30.08)

Ch3 PP2 Social Science Studying the Law's Goals (Protection of the Public Welfare) (3.30.08)

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Unformatted text preview: PP2: Social Science Studying the Laws PP2: Social Science Studying the Laws Goals: Protection of the Public Welfare Goals: Protection of the Public Welfare (see Chapter 1) (see Chapter 1) Chapter 3: Using Social Science to Understand the law Social science can study the laws goals and give directions for improving the law Lesson Law protects the liberties of innocent Law protects the liberties of innocent people people E.g., innocent until proven guilty E.g., innocent until proven guilty There are times when a state can restrict a person's liberty even though no criminal laws have been broken Q: According to Ch. 1, what power allows a state to restrict a persons liberty when no laws have been broken? The Example of Guardianship The Example of Guardianship Under the doctrine of Under the doctrine of Parens Patriae Parens Patriae , the state has , the state has the authority to protect those unable to care for the authority to protect those unable to care for themselves themselves A A guardianship guardianship allows for the appointment of a allows for the appointment of a substitute decisionmaker (guardian) to manage an substitute decisionmaker (guardian) to manage an incapacitated persons (AKA ward) personal affairs incapacitated persons (AKA ward) personal affairs A A conservatorship conservatorship allows for the appointment of a allows for the appointment of a substitute decisionmaker (conservator) over an substitute decisionmaker (conservator) over an incapacitated persons property and financial affairs incapacitated persons property and financial affairs Although the goal of guardianship law is laudable, guardianship results in the loss of liberty and other rights for the ward I.e., The guardian makes decisions on behalf of the ward...
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Ch3 PP2 Social Science Studying the Law's Goals (Protection of the Public Welfare) (3.30.08)

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