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Law and Economics

2013

Law and Economics

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Full-Text Articles in Law

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron Aug 2013

Medical Paternalism And The Rule Of Law: A Reply To Dr. Relman, Charles Baron

Charles H. Baron

In this Article, Professor Baron challenges the position taken recently by Dr. Arnold Relman in this journal that the 1977 Saikewicz decision of the Supreme Judicial Court of Massachusetts was incorrect in calling for routine judicial resolution of decisions whether to provide life-prolonging treatment to terminally ill incompetent patients. First, Professor Baron argues that Dr. Relman's position that doctors should make such decisions is based upon an outmoded, paternalistic view of the doctor-patient relationship. Second, he points out the importance of guaranteeing to such decisions the special qualities of process which characterize decision making by courts and which are not …


La Preconfiguración Del Contrato: Una Propuesta De Definición De Las Reglas Predeterminadas En El Derecho De Contratos, Daniel A. Monroy Jun 2013

La Preconfiguración Del Contrato: Una Propuesta De Definición De Las Reglas Predeterminadas En El Derecho De Contratos, Daniel A. Monroy

Daniel A Monroy C

This paper aims to propose an alternative definition of those contract rules called as suppletive rules (reglas supletivas), abstracting the “suppletive” function from these rules which scholars commonly has awarded to them, and instead replace it with the “default” characteristic of the rule (predeterminación) as the feature that could defines these rules. This feature is knotted to the chance to repeal the default rule through precepts of autonomy in certain legal situations according to a "hierarchy of values", as well as the binding strength of the rule in cases of absence of such a repeal.