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Articles 1 - 4 of 4
Full-Text Articles in Jurisprudence
Separating Contract And Promise, Aditi Bagchi
Separating Contract And Promise, Aditi Bagchi
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Contract has been conceptualized as a species of promise. Treating contractual promise as a kind of promise highlights certain important aspects of contracting, but it also obscures essential differences between legally binding and everyday, or what I will call “private,” promises. The moral character of a private promise depends on the fact that it is not only freely made but also freely kept. Most contractual promises are not intended to have and (by definition) do not have this voluntary character. A promisor essentially opts out of the private practice of promising when she assigns to a third party the authority …
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
Well-Being, Inequality And Time: The Time-Slice Problem And Its Policy Implications, Matthew D. Adler
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Should equality be viewed from a lifetime or “sublifetime” perspective? In measuring the inequality of income, for example, should we measure the inequality of lifetime income or of annual income? In characterizing a tax as “progressive” or “regressive,” should we look to whether the annual tax burden increases with annual income, or instead to whether the lifetime tax burden increases with lifetime income? Should the overriding aim of anti-poverty programs be to reduce chronic poverty: being badly off for many years, because of low human capital or other long-run factors? Or is the moral claim of the impoverished person a …
The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson
The Role Of Moral Philosophers In The Competition Between Deontological And Empirical Desert, Paul H. Robinson
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Desert appears to be in ascendence as a distributive principle for criminal liability and punishment but there is confusion as to whether it is a deontological or an empirical conception of desert that is or should be promoted. Each offers a distinct advantage over the other. Deontological desert can transcend community, situation, and time to give a conception of justice that can be relied upon to reveal errors in popular notions of justice. On the other hand, empirical desert can be more easily operationalized than can deontological desert because, contrary to common wisdom, there is a good deal of agreement …
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
The Non-Problem Of Free Will In Forensic Psychiatry And Psychology, Stephen J. Morse
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This article demonstrates that there is no free will problem in forensic psychiatry by showing that free will or its lack is not a criterion for any legal doctrine and it is not an underlying general foundation for legal responsibility doctrines and practices. There is a genuine metaphysical free will problem, but the article explains why it is not relevant to forensic practice. Forensic practitioners are urged to avoid all usage of free will in their forensic thinking and work product because it is irrelevant and spawns confusion.