The Evolution Of Legal Adulthood: Age 18 Law's Origin

The age of majority, or legal adulthood, is the threshold at which a person is no longer considered a minor and assumes legal control over their actions and decisions. The age of majority is typically set at 18, though it varies across jurisdictions. In most countries, a person reaching the age of majority gains the right to vote, buy and/or drink alcohol, marry, and sign binding contracts, among other privileges.

The concept of adulthood is relatively new in legal terms. Historically, children as young as 13 or 14 were considered sexually mature, particularly women, who were often viewed solely in a sexual context. It was also common for children to be sent to war or forced to work in factories and mines. The emergence of child labour laws in the UK, such as the Cotton Mills Act in 1856, aimed to prevent child labour and define the term child.

In the United States, the issue of the legal age of adulthood gained attention in the 1960s during the Vietnam War. At the time, the voting age was 21, while the minimum age for military service was 18. This discrepancy led to activism by students who protested the fact that they could be drafted to fight but did not have the right to vote. As a result, the 26th Amendment was ratified in 1971, lowering the voting age to 18. This shift towards defining adulthood at 18 was further influenced by labour laws and arbitrary laws concerning alcohol consumption, solidifying 18 as the standard age of adulthood in the US and many other countries.

Voting age

The voting age of 18 years is the most common voting age globally, with 205 out of 237 countries and territories having a minimum voting age of 18 for national elections as of October 2020. However, the legal voting age, or the minimum age at which a person is allowed to vote in a democratic process, varies across the world. While most nations have set the threshold at 18 years, the voting age in some countries ranges from 16 to 21, and in one country, it is set at 25.

The push to lower the voting age from 21 to 18 gained momentum in the United States during the 1960s, fuelled by the military draft during the Vietnam War. Young men between 18 and 21 were being conscripted to fight in Vietnam but were denied the right to vote until they turned 21. This discrepancy gave rise to the slogan "old enough to fight, old enough to vote," which became a rallying cry for a youth voting rights movement.

In 1943, Georgia became the first state to lower the voting age to 18 in state and local elections, although this was limited to white youth due to Jim Crow laws. The movement to lower the voting age gained further support when President Dwight D. Eisenhower called on Congress to propose a constitutional amendment allowing citizens to vote at the age of 18 during his 1954 State of the Union address.

The Vietnam War in the 1960s brought the issue to the forefront once again, as young men who were ineligible to vote were being drafted to fight in the war. In 1968, several states had already lowered the voting age below 21: Alaska and Hawaii set it at 20, while Georgia and Kentucky set it at 18.

The Twenty-sixth Amendment to the United States Constitution, proposed by Congress and ratified by three-fourths of the states on July 1, 1971, established a nationally standardized minimum age of 18 for participation in state and federal elections. The amendment states:

> "The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age."

The amendment was passed swiftly, taking just over two months to be ratified by the requisite three-fourths of state legislatures, or 38 states. This amendment ensured that young Americans could fully participate in democracy and that their voices would be heard in elections.

Drinking age

In the United States, the minimum legal drinking age (MLDA) is 21 years. This means that alcohol cannot be sold to people younger than 21.

History of the Drinking Age in the US

Before the National Minimum Drinking Age Act of 1984, the MLDA could differ by state. After the 21st Amendment was passed in 1933, most states set their minimum drinking age at 21 since that was the voting age at the time. However, between 1970 and 1975, 29 states lowered their minimum drinking age to 18, 19, or 20, largely in response to the change in the voting age.

Impact of Lowering the Drinking Age

Studies conducted at the time showed that youth traffic crashes increased as states lowered their minimum drinking age. The "blood borders" between states with different minimum drinking ages also caught public attention after highly publicised crashes where young people below the legal drinking age would drive to a neighbouring state with a lower minimum drinking age, drink legally, and crash on their way home.

National Minimum Drinking Age Act of 1984

To encourage a national drinking age, Congress enacted the National Minimum Drinking Age Act in 1984, which required states to prohibit persons under 21 years of age from purchasing or publicly possessing alcoholic beverages as a condition of receiving state highway funds. By mid-1988, all 50 states and the District of Columbia had raised their minimum drinking age to 21.

Effectiveness of the Minimum Legal Drinking Age

Research has shown that a higher minimum legal drinking age is effective in preventing alcohol-related deaths and injuries among youth. A review by the U.S. General Accounting Office in 1988 found that raising the drinking age reduced youth drinking, youth driving after drinking, and alcohol-related traffic accidents among youth. Despite laws prohibiting the sale of alcohol to people under 21, minors can still easily obtain alcohol from many sources. Increased enforcement of the minimum legal drinking age and deterrents for adults who might sell or provide alcohol to minors can help prevent additional injuries and deaths among youth.

Age of criminal responsibility

The age of criminal responsibility is the age below which a child is deemed incapable of having committed a criminal offence. In legal terms, it is referred to as a defence of infancy, which is a form of defence known as an excuse so that defendants falling within the definition of an "infant" are excluded from criminal liability for their actions. After reaching the initial age, there may be levels of responsibility dictated by age and the type of offence committed.

Under English common law, the defence of infancy was expressed as a set of presumptions in a doctrine known as doli incapax. A child under the age of seven was presumed incapable of committing a crime. The presumption was conclusive, prohibiting the prosecution from offering evidence that the child had the capacity to appreciate the nature and wrongfulness of what they had done. Children aged 7–13 were presumed incapable of committing a crime but the presumption was rebuttable. The prosecution could overcome the presumption by proving that the child understood what they were doing and that it was wrong.

The terminology regarding such a defence varies by jurisdiction and sphere. "Defence of infancy" is a mainly US term. The "age of criminal responsibility" is used by most European countries, the UK, Australia, New Zealand and other Commonwealth of Nations countries.

The age of criminal responsibility is separate from the age of majority, which is the threshold of legal adulthood as recognised or declared in law. The age of majority is the age at which a person gains control over their actions and affairs and becomes responsible for the decisions they make. The age of majority is usually set at 18, but the age of criminal responsibility varies across jurisdictions.

• In Scotland, the age of criminal responsibility was raised from 8 to 12 by the implementation of the Age of Criminal Responsibility (Scotland) Act 2019, which came into force on 31 March 2020.
• In England and Wales and Northern Ireland, the age of responsibility is 10 years, and in the Netherlands and Canada, it is 12 years.
• Sweden, Finland, and Norway all set the age at 15 years.
• In the United States, the minimum age for federal crimes is 11 years. State minimums vary, with 24 states having no defined minimum age, and defined minimums ranging from 7 years in Florida to 13 years in Maryland and New Hampshire.
• In Australia, there is a rebuttable presumption of incapacity until age 14.
• In Brazil, the minimum age of criminal responsibility is formally identified as 18 in the Brazilian Constitution.
• In Chile, the minimum age of criminal responsibility is described as 18, but child offenders can be subject to “socio-educative measures”, including deprivation of liberty, for criminal offences from the age of 14.
• In China, the minimum age of criminal responsibility is 16, but children can be subject to penalties including deprivation of liberty from the age of 12 under the juvenile justice system.
• In Cuba, only people over the age of 16 can be held criminally liable, but there is no minimum age at which children can be subject to penalties, including deprivation of liberty in re-education centres.
• In the United Arab Emirates, the age of criminal responsibility is 15.

Marriageable age

The marriageable age, or age of marriage, is the legal minimum age at which someone can marry. The marriageable age varies across different jurisdictions. In most countries, the marriageable age is 18, which is also the age of majority in most countries. However, in some countries, the marriageable age is lower or higher than 18.

In the United States, the marriageable age is determined by each state and territory, and it is generally set at 18 years of age. However, in Nebraska, the marriageable age is 19, and in Mississippi, it is 21. Additionally, in some states, marriage is allowed at a younger age with parental or judicial consent. As of June 2024, child marriage is legal in 37 states, and 13 states have banned underage marriages without exception.

In the United Kingdom, the marriageable age is 18 in England, Wales, and Scotland, but it is 16 in Northern Ireland with parental consent.

In Canada, the marriageable age is 16 with parental consent in most provinces, but it is 19 in Nova Scotia, New Brunswick, British Columbia, Newfoundland, and Labrador.

In France, the marriageable age is 18 for both sexes, after the age for females was raised from 15 in 2006.

In Germany, the marriageable age is 18, and marriages below this age are prohibited without exception.

In India, the marriageable age is 21 for women and 21 for men.

In China, the marriageable age is 22 for men and 20 for women.

History of Marriageable Age Laws

Historically, the marriageable age was often lower than it is today, and it was common for girls to marry as soon as they reached puberty or even earlier. In ancient Rome, the age of marriage was 12 for girls and 14 for boys, and in medieval Western Europe, the rise of Catholicism contributed to an increase in the marriageable age. During the American colonial period, the marriageable age was influenced by English common law, which set the minimum age at 12 for girls and 14 for boys. However, each state in the US eventually enacted its own laws, and the marriageable age varied across states.

International Efforts to End Child Marriage

There have been international efforts to end child marriage, which is defined as a marriage where at least one spouse is under the age of 18. The 1962 Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages aims to set a minimum marriage age by statute law, overriding customary, religious, and tribal laws and traditions. The United Nations Sustainable Development Goal 5.3 includes a commitment to ending child marriage for all people under 18 by 2030. Despite these efforts, child marriage remains legal in many parts of the world, and there is ongoing debate about the minimum marriage age in different jurisdictions.

Age of maturity

The age of maturity is distinct from the age of majority, which is the threshold of legal adulthood. The age of maturity is when a person is considered to have reached full growth and development, while the age of majority is when a person assumes legal control over their actions and decisions, and parental responsibilities terminate.

The age of majority is typically 18 years, though it varies across jurisdictions. In the US, almost all states set the base legal age as 18 years old. In the UK, the age of majority was lowered from 21 to 18 in 1971. France, Belgium, Italy, West Germany, and Austria have also lowered their age of majority to 18 in the last few decades.

The age of majority is associated with the right to vote, sign contracts, work, drink alcohol, and other privileges. However, these rights and privileges may be attained at different ages, which can be higher or lower than the age of majority. For example, the right to vote in the US was granted to 18-year-olds through the 26th Amendment in 1971, while the drinking age was uniformly raised to 21 in the 1980s.

The concept of adulthood is relatively new, and the age at which it is attained has changed over time. Historically, the age of majority was as low as 14 or 15 and as high as 30 during the Roman Empire. The perception of maturity and adulthood has evolved, influenced by cultural, legal, and economic factors.

Frequently asked questions