By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which agreements should (...) be legally recognized, but which should not be dealt with by all of the conceptual tools of contract law, for these agreements and voluntary undertakings serve the interests of those undertaking them in significantly different ways than do bargains. (shrink)

While it is often taken for granted that the concepts of property and of distributive justice are capable of working together to generate norms which can enhance positive social and political relations, in particular the value of community, this Article argues otherwise. Relying on critical tools deriving from Hegel’s Philosophy of Right and Marx’s notion of fetishism, the author claims that the Rawlsian conception of distributive justice fetishizes the institution of property, and claims to "distribute" participation in society amongst its (...) members as if this amounted to a distribution of so many objects. Taken in this way, the concept of distributive justice has no respectable content. What social justice requires is a means to ensure that people are not "socially excluded," which requires each individual’s participation in the social and cultural enterprise. This sort of participation can no more be "distributed" than can life itself, and the realization of this point undermines the cogency of most discussions of distributive justice. (shrink)

James Penner has probably done more than anyone else in legal philosophy to set the terms of debate in property theory for the past two decades. His 1997 book, The Idea of Property in Law initiated...

Purpose: Explore public attitudes towards the trade-offs between justice and medical outcome inherent in organ allocation decisions.Background: The US Task Force on Organ Transplantation recommended that considerations of justice, autonomy and medical outcome be part of all organ allocation decisions. Justice in this context may be modeled as a function of three types of need, related to age, clinical urgency, and quality of life.Methods: A web-based survey was conducted in which respondents were asked to choose between two hypothetical patients who (...) differed in clinical urgency , age, pretransplant and post-transplant quality of life, and life expectancy.Results: A pool of 1600 people were notified via email about the survey; 623 responded. Respondents preferred giving organs to younger people up to an age difference of <15.4 years and more clinically urgent people up to a difference in urgency of <2.54 months . Priority varied with the quality of life of the worst-off patient and the relative status of the patients. If both had worse than average quality of life, respondents preferred the better-off patient. When both had better than average quality of life, they preferred the worse-off patient. In analysis according to age versus clinical urgency, the older the patient, the more urgency needed to receive priority. In quality of life versus clinical urgency, the better the control’s quality of life, the more urgency the competing patient required. The worse the patient’s post-transplant outcome, the more urgency needed to receive priority.Conclusions: It appears that clinical urgency is only one of many factors influencing attitudes about allocation decisions and that respondents may invoke different principles of fairness depending the relative clinical status of patients. (shrink)

Decision making and choices are frequent themes in medical ethics. Game theory is based upon modelled decision making. Game theory, and associated logic traps, may have relevance to the clinical practice of medicine and medical ethics. The “prisoner’s dilemma” is one logic trap from game theory in which “rational” decision making on the part of participating individuals can lead to “suboptimal” situations. An example of such a situation involving brain death is presented and discussed from the perspective of the prisoner’s (...) dilemma. (shrink)

The problem of the nature and scope of Causation has again been raised into prominence by recent research on atomic structures and processes, the result being that many physicists maintain that the causational principle must now be restricted to macroscopic changes regarded as the averaged outcome of microscopic events, each of which alone may not be causally determined, or at least not completely so. Of this markedly new departure Professor Eddington is perhaps the best-known advocate. “Physics,” he asserts, “is no (...) longer pledged to a scheme of deterministic law; the search for a scheme of strictly causal law not practical politics.” But the issue concerns not Physics only, for Dr. Eddington at once proceeds to interpret his viewpoint by contending that “science withdraws its opposition to free will”; and thus the realms of consciousness and conduct are once more brought into intimate connection with the realm of physical phenomena. It must of course be recognized that the question still remains highly debatable; for, as Sir Oliver Lodge has recently urged, “break down causality, and we are left with chance. That is wholly unsatisfactory. Chance is no solution”; and he likewise expands his survey beyond Physics by adding, “not in that way would I aim at freedom.” It is scarcely necessary to refer to current controversy in the biological sphere, between those who regard living processes as falling, if only to some degree, outside the domain of causal action, and those who insist that such action is universal, the indubitable proof of their position being prevented only by the difficulties of investigation. (shrink)