Age of majority

From Wikipedia, the free encyclopedia

 This article needs additional citations for verification.
Please help improve this article by adding reliable references. Unsourced material may be challenged and removed. (September 2007)

The age of majority is the threshold of adulthood as it is conceptualized in law. It is the chronological moment when children legally cease to be minors and assume control over their persons, actions and decisions, thereby terminating the legal control and legal responsibilities of their parents over and for them. The word majority here refers to having greater years and being of full age; it is opposed to minority, the state of being a minor.

In practical terms, there are certain specific actions which a person who attains the age of majority is permitted to take, which they could not do before. These may include entering into a binding contract, voting, buying and/or consuming alcoholic beverages, driving motor vehicles on public roads, and marrying without obtaining consent of others. The ages at which these various rights or powers may be exercised vary as between the various rights and as between different jurisdictions. For example, the ages at which a person may obtain a license to drive a car or consume alcoholic beverages vary considerably between and also within jurisdictions.

Contents

[edit] Explanation

Age of majority is frequently confused with similar concept, the age of license, which also pertains to the threshold of adulthood but in a much broader and more abstract way. As a legal term of art, "license" means "permission", and it can implicate a legally enforceable right or privilege. Thus, an age of license is an age at which one has legal permission from government to do something. The age of majority, on the other hand, is legal recognition that one has grown into an adult. One does not need legal permission to grow up; it just happens.

For example, in any jurisdiction, the age at which an individual is allowed to exercise the franchise (vote), leave school without taking a diploma, enter into legally binding contracts (other than for necessaries, to which no age of license applies), operate a motor vehicle, purchase and consume alcoholic beverages, and so on – these are all ages of license, at which the law permits an individual to perform certain acts and exercise certain rights, with or without any restrictions.

Age of majority pertains solely to the acquisition of control over one's person, decisions and actions, and the correlative termination of the legal authority and responsibility of the parents (or guardian(s), in lieu of parents) over the child’s persons and affairs generally.

Many ages of license are correlated to the age of majority, but they are nonetheless legally distinct concepts. One need not have attained the age of majority to have permission to exercise certain rights and responsibilities. Some ages of license are actually higher than the age of majority. For example, the age of license to purchase alcoholic beverages is 21 in all U.S. states. For most other purposes, the age of majority in the U.S. is 18, except for 1 state with the age of 19 (Nebraska) and one state with the age of 21 (Mississippi) and two (American Samoa and Puerto Rico) that retain 14 as the age of majority. Alabama once held that 19 was the age of majority, but after a bill was passed, the age was changed to 18. The Bill Also, the age of majority in the Republic of Ireland is 18, but one must be over 21 years of age to stand for election.

A child who is legally emancipated by a court of competent jurisdiction automatically attains to his or her majority upon the signing of the court order. This is distinct from the legal process by which a child might be taken into foster care and/or made a ward of the court. Foster care and court wardship do not confer majority upon the child so separated from his or her parents (or guardians). Only emancipation confers the status of majority before a person has actually reached the age of majority.

Almost all jurisdictions automatically confer emancipation (and with it, the status of majority) upon otherwise minor individuals who are married. Some do likewise for minors who are on active duty in the armed forces.[1]


[edit] Countries and subdivisions

[edit] References

  1. ^ Statutory and Judicial Emancipation of Minors in the United States, 2001-2002 analysis by law students of Northeastern University
  2. ^ The Japan Times (Kyodo News) 2/14/2008

[edit] See also