Property Rights in Persons

Social Philosophy and Policy 9 (1):201-230 (1992)
  Copy   BIBTEX

Abstract

In contemporary market societies, the laws do not place individuals under enforceable obligations to aid others. Perhaps the most striking exception to this broad generalization is the practice of conscription of able-bodied males into military service, particularly in time of war. Another notable exception is the legal enforcement in some contemporary societies of “Good Samaritan” obligations — obligations to provide temporary aid to victims of emergencies, such as car accident victims. The obligation applies to those who are in the immediate vicinity of the emergency and who can supply aid of great value to the victim at small risk and tolerable cost to themselves. The fact that not all contemporary societies have enacted such Good Samaritan laws underscores the point that the general rule is that individuals are under no legal obligation to help others. According to some moral views, this legal situation approximately accords with the moral fact that persons who have not voluntarily incurred obligations to aid others should not be coerced into tendering such aid. Moreover, it is worth noting that these two prominent exceptions to the tendency of legal systems to eschew enforcement of positive obligations to aid others are plausibly in everyone's ex ante interest and not notably redistributive in intent.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 76,400

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

The moral responsibilities of stockholders.Richard J. Klonoski - 1986 - Journal of Business Ethics 5 (5):385 - 390.
The Obligation to Obey the Law.Adejare Oyetunde Oladosu - 1989 - Dissertation, Washington University
Distributive Justice and Distributed Obligations.A. Edmundson William - forthcoming - New Content is Available for Journal of Moral Philosophy.
Distributive Justice and Distributed Obligations.A. Edmundson William - 2018 - Journal of Moral Philosophy 15 (1):1-19.
Second-Personal Reasons and Special Obligations.Jörg Löschke - 2014 - Croatian Journal of Philosophy 14 (3):293-308.

Analytics

Added to PP
2010-08-31

Downloads
62 (#194,083)

6 months
3 (#227,001)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Richard J. Arneson
University of California, San Diego

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - Philosophy 52 (199):102-105.
Kantian constructivism in moral theory.John Rawls - 1930 - Journal of Philosophy 77 (9):515-572.
What is equality? Part 1: Equality of welfare.Ronald Dworkin - 1981 - Philosophy and Public Affairs 10 (3):185-246.

View all 23 references / Add more references