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Single Idea 21038

[filed under theme 23. Ethics / B. Contract Ethics / 1. Contractarianism ]

Full Idea

Legal thinkers have debated this question for a long time: can consent create an obligation on its own, or is some element of benefit or reliance required?

Gist of Idea

Does consent create the obligation, or must there be some benefit?

Source

Michael J. Sandel (Justice: What's the right thing to do? [2009], 06)

Book Ref

Sandel,Michael J.: 'Justice: what's the right thing to do?' [Penguin 2010], p.144

A Reaction

Clearly mere consent could be under some compulsion, either by the other party, or by some other forces. Keeping a deathbed promise usually brings no benefit, but is a matter of honour. Ah, honour! Can anyone remember what that is?

The 19 ideas from 'Justice: What's the right thing to do?'

21028 We can approach justice through welfare, or freedom, or virtue [Sandel]
21027 Justice concerns how a society distributes what it prizes - wealth, rights, power and honours [Sandel]
21032 Speak truth only to those who deserve the truth [Sandel]
21033 Careful evasions of truth at least show respect for it [Sandel]
21030 The categorical imperative is not the Golden Rule, which concerns contingent desires [Sandel]
21031 Man cannot dispose of himself, because he is not a thing to be owned [Sandel]
21034 A just constitution harmonises the different freedoms [Sandel]
21035 Just visiting (and using roads) is hardly ratifying the Constitution [Sandel]
21037 A ratified constitution may not be a just constitution [Sandel]
21038 Does consent create the obligation, or must there be some benefit? [Sandel]
21039 Moral contracts involve both consent and reciprocity; making the deal, and keeping it [Sandel]
21036 Not all deals are fair deals [Sandel]
21040 Libertarians just want formal equality in a free market; the meritocratic view wants fair equality [Sandel]
21042 Should we redress wrongs done by a previous generation? [Sandel]
21043 Distributive justice concern deserts, as well as who gets what [Sandel]
21048 Work is not fair if it is negotiated, even in a fair situation, but if it suits the nature of the worker [Sandel]
21045 Teleological thinking is essential for social and political issues [Sandel]
21049 Liberal freedom was a response to assigned destinies like caste and class [Sandel]
21052 Justice is about how we value things, and not just about distributions [Sandel]