display all the ideas for this combination of texts
7 ideas
| 21038 | Does consent create the obligation, or must there be some benefit? [Sandel] |
| 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? | |
| From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06) | |
| 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? |
| 21039 | Moral contracts involve both consent and reciprocity; making the deal, and keeping it [Sandel] |
| Full Idea: Despite a tendency to read consent into moral claims, it is hard to make sense of our morality without acknowledging the independent weight of reciprocity. If my wife is unfaithful I have two different grounds of outrage: our promise, and my loyalty. | |
| From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06) | |
| A reaction: The point is that Hobbes and co over-simplify what a contract is. Compare a contract with a promise. One must be two-sided, the other can be one-sided. |
| 21036 | Not all deals are fair deals [Sandel] |
| Full Idea: The mere fact that you and I make a deal is not enough to make it fair. | |
| From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 06) |
| 21030 | The categorical imperative is not the Golden Rule, which concerns contingent desires [Sandel] |
| Full Idea: The Golden Rule depends on contingent facts about how people like to be treated. The categorical imperative asks that we abstract from such contingencies and respect persons as rational beings, regardless of what they might want in particular situations. | |
| From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 05) | |
| A reaction: I think the Golden Rule is wrong for a different reason. It assumes that we all want similar things, which we don't. Focus on other people's needs, not yours. |
| 22442 | If lies were ever acceptable, with would undermine all duties based on contract [Kant] |
| Full Idea: Truthfulness is a duty that must be regarded as the basis of all duties to be grounded on a contract, the law of which is made uncertain and useless if even the least exception to it is admitted. | |
| From: Immanuel Kant (On a supposed right to lie [1797], p.30) | |
| A reaction: Should we keep contracts which are made by means of deception and coercion? Where could such absolute authority for contracts come from? Do contracts and treaties tend to lapse after a long period of time? |
| 22441 | The law will protect you if you tell a truth which results in murder [Kant] |
| Full Idea: If you have by a lie prevented someone bent on murder from committing the deed, then you are legally accountable for all the consequences that might arise from it. But if you keep strictly to the truth, then public justice can hold nothing against you. | |
| From: Immanuel Kant (On a supposed right to lie [1797], p.29) | |
| A reaction: Shocking, from a supposedly great thinker. Cowardly hiding behind a perverse law. What would Kant do if the law were changed, to condemn someone who told a truth which would probably lead to a murder? Would he accept a jail sentence? |
| 21031 | Man cannot dispose of himself, because he is not a thing to be owned [Sandel] |
| Full Idea: Man cannot dispose over himself because he is not a thing; he is not his own property. | |
| From: Michael J. Sandel (Justice: What's the right thing to do? [2009], 05) | |
| A reaction: [Kant lecture note] This is an important qualification to persons as ends. If a person owned themselves, that would separate the person from what they owned. Sandel mentions selling your own organs. Kant is considering prostitution. Why is slavery wrong? |