My Thoughts on Marriageable Age (Revised)

First, I would like to say that legally classifying people based on age limits natural human rights, therefore resulting in the definition of a “person” and more specifically the definition of an “adult” being limited. The age restrictions define “maturity” in many societies. Age should not be the single determinant in deciding someone’s maturity level or capabilities to handle situations that make arise during most situations but in some cases, like this one, age restrictions are the less intrusive option.

Out of the three laws that I have analyzed in this blog, I disagree the most with the minimum age set for marriage especially concerning a young women’s marriageable age. The young marriageable age leads to lack of education and possible dangers to the young bride therefore I believe that the best thing to do is to raise the marriageable age. In many third world countries, girls are often married off when they hit puberty, in hopes of procreating. A young girl may be considered an adult in these countries but that doesn’t mean she is emotionally and physically mature to give birth and raise a child.  In fact, being too young and not physically mature can substantially increase the chances of infant and maternal mortality, especially in cultures that are underserved by advanced medical facilities. Also, in countries where the marriageable age is much lower than the one set in the United States, young brides tend to lose out on their childhood and everything that comes with growing up. Adolescent brides also miss out on getting an education which impacts their lives later down the road.

Fortunately, due to an increase in the advocation of women’s rights and children’s rights there has been a decrease in young women entering marriages. There has also been much work on changing the law by increasing the marriageable age in several countries around the world.

The Age of Candidacy (Revised)

Jenness was below the legal Age of Candidacy when she ran for president.

The Age of Candidacy is the minimum age at which a person can legally qualify to hold certain elected government offices. Upon reaching the legal age of “adulthood”, one is seen as being able to handle the duties and responsibilities along with the stress that come with holding such governmental office.  The law or set age for candidacy can be seen in written detail in The United States’ Constitution where there are the minimum ages set for the President, Senators and state Representatives.  This idea of setting the age for candidacy can be traced all the way back to 180 BCE which was a part of Roman law dealing with the senatorial magistrates.

This type of ageism defines what it is to be seen as “mature” in society and ultimately places adults above adolescents. This blatant discrimination based on age seen throughout history is seen as unjust and unfair especially to youth rights group; some unqualified youth have even ran for office in protest of this age requirement. On the other hand, setting an age for candidacy is seen as a must because young people, in general, lack the practical experience and understanding along with the maturity needed for such elected offices; lacking such characteristics may result in ineffectively or unsuccessfully running their  constituency.  At the end of the day, the age of candidacy deals with the age of adulthood and the maturity that supposedly comes along with coming of age but is there a literal relationship between psychological maturity and one’s age?  

  I, personally, am excluded from running for high level government offices like the President or a Senator and even state Representatives along with most local offices in the state of Georgia because the minimum age for local offices is usually twenty-five years old in the southern state of Georgia.  

The Marriageable Age (Revised)

The Marriageable Age considers the minimum age at which one can marry either as of right or subject to parental consent. After analyzing the marriageable age difference between males and females, it is clear that female’s age to marry is, on average, much lower compared to the marriageable age for males. This may be the result of scientific research proving that women mature quicker compared to men which means that women are able to bear children at younger ages. The younger minimum age for women allows more time to reproduce. The marriageable age is usually set in the teenage years but can be years lower due to given parental consent by the couple’s parent and or pregnancy. This law defines an “adult” as one that has gone through puberty and is able to reproduce children. The age difference also allows women to be considered “adults” at a younger age compared to men. 

The younger age doesn’t allow the women to truly make a choice for her life and her future. The argument in Nussbaum’s Sex and Social Justice would be valid for this set age to marry. Nussbaum believes that women need to have the resources to make a decision dealing with their futures and marriage at such a young age doesn’t allow for rational judgments to occur. Women who get married at such young ages may miss out on things such as education and childhood and many suffer the consequences for the rest of their life. Therefore, it can be argued that at such a young age a person is unable to deal with the responsibilities that come with a healthy, happy marriage. 

Age of Criminal Responsibility (Revised)

Age of Criminal Responsibility considers the minimum age which people can be charged with a criminal offense because a child is seen as incapable of holding responsibility for its action within the society. This law is used as a component of the Defense of Infancy which prohibits the charging of people who have not reached the set age of criminal responsibility but, of course, there are exceptions to this law which are only determined in a court room.

Children are seen as incapable of deliberately committing a crime because their brains have not completely developed yet therefore they are seen as unstable and lacking rationality. It is legally set to the precise age when the mind starts to become aware of the differences between right and wrong. This characteristic can then be said to legally limit the definition of an “adult” or, in this case, the definition of a "child" in the eyes of the law. The age of criminal responsibility in most parts of the United States is between 16 and 18 years old because the age varies by state and varies extremely in other countries. The set age also differs between males and females. Therefore, personally I would not be able to use the Defense of Infancy if I were to commit a crime because in the eyes of the law I am legally an adult. The age of criminal responsibility focuses on the mental capabilities of children compared to those of adults but where does it stand when it comes to the mentally challenged? Would this defense of infancy still be able to be used in s court of law?

The purpose of the definition of a child concerning the age of criminal responsibility is similar to the purpose of the definition of a child found in Bracton’s On the Laws and Customs of England; both are set for legal purposes within society.