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Bearing Children in Wrongful Life Cases

David DeGrazia

in Creation Ethics: Reproduction, Genetics, and Quality of Life

Published in print:
2012
Published Online:
September 2012
ISBN:
9780195389630
eISBN:
9780199949731
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389630.003.0005
Subject:
Philosophy, Moral Philosophy, Philosophy of Science

After introducing two terrible genetic conditions and the concept of wrongful life, the chapter explores the ethics of wrongful life cases with considerable attention to conceptual issues that bear ... More


Contracts, Promises, and the Demands of Moral Agency

Emmanuel Voyiakis

in Law and Philosophy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199237159
eISBN:
9780191705427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237159.003.0016
Subject:
Law, Philosophy of Law

This chapter discusses some aspects of how general moral theory, and our intuitions about the demands of moral agency and responsibility in particular, could help moral agents respond to this ... More


Alzheimer’s Disease

Dennis McKerlie

in Justice Between the Young and the Old

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199769131
eISBN:
9780199979615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199769131.003.0008
Subject:
Philosophy, General, Moral Philosophy

This chapter considers an important issue for the elderly—the condition and treatment of people with Alzheimer's disease and other forms of dementia. It assesses the philosophical debate over the ... More


Promise as an Arm's-length Relation

Daniel Markovits

in Promises and Agreements: Philosophical Essays

Published in print:
2011
Published Online:
May 2011
ISBN:
9780195377958
eISBN:
9780199893836
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195377958.003.0013
Subject:
Philosophy, General

Many have argued that promising and loving are mutually sympathetic. In fact, they are not. Promises characteristically arise among strangers and the promise relation is opposed to intimacy. Thus, ... More


Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Prince Saprai

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.001.0001
Subject:
Law, Company and Commercial Law

In recent times, the philosophy of contract law has been dominated by the ‘promise theory’, according to which the morality of promise provides a ‘blueprint’ for the structure, shape, and content ... More


Introduction

David Benatar and David Wasserman

in Debating Procreation: Is It Wrong to Reproduce?

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199333547
eISBN:
9780190249571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199333547.003.0001
Subject:
Philosophy, Moral Philosophy

This first chapter introduces readers to the competing views on procreation that are defended in the book. The ethics of procreation, quality-of-life issues, and the so-called misanthropic position ... More


Neuroscience and Contract Law Theory

Peter A. Alces

in The Moral Conflict of Law and Neuroscience

Published in print:
2018
Published Online:
September 2018
ISBN:
9780226513362
eISBN:
9780226513676
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226513676.003.0007
Subject:
Law, Philosophy of Law

Chapter Seven applies neuroscientific insights to theories of contract law which rest on perhaps an even shakier basis for liability than other areas of law considered previously: consent and ... More


Death, Value, and the Afterlife: Responses

Samuel Scheffler

in Death and the Afterlife

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199982509
eISBN:
9780199369973
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199982509.003.0009
Subject:
Philosophy, Moral Philosophy

This chapter responds to the essays by Harry Frankfurt, Niko Kolodny, Seana Shiffrin, and Susan Wolf that are included in the book. It addresses a range of issues raised in those essays. Among the ... More


Promises, Agreements, and Contracts

James Penner

in Philosophical Foundations of Contract Law

Published in print:
2014
Published Online:
March 2015
ISBN:
9780198713012
eISBN:
9780191781414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198713012.003.0007
Subject:
Law, Philosophy of Law, Law of Obligations

Whilst everyone agrees that contractual obligations are voluntarily undertaken, agreements, not (as traditionally claimed) promises are the form of voluntarily undertaken obligations that underlie ... More


Genes, Justice, and Obligations in Creating People: Reflections on From Chance to Choice and on Views of Nagel, Shiffrin, and Singer

F. M. Kamm

in Bioethical Prescriptions: To Create, End, Choose, and Improve Lives

Published in print:
2013
Published Online:
June 2014
ISBN:
9780199971985
eISBN:
9780199346141
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199971985.003.0015
Subject:
Philosophy, Moral Philosophy

This chapter discusses issues raised in From Chance to Choice and “Justice and Nature” by Thomas Nagel; in “Wrongful Life, Procreative Responsibility, and the Significance of Harm” by Seana Shiffrin; ... More


Against Anti-Natalism

David Wasserman

in Debating Procreation: Is It Wrong to Reproduce?

Published in print:
2015
Published Online:
May 2015
ISBN:
9780199333547
eISBN:
9780190249571
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199333547.003.0008
Subject:
Philosophy, Moral Philosophy

This chapter identifies three principal antinatalist arguments, from David Benatar, Seana Shiffrin, and Matti Hayry, Although they are quite different, all accord a moral priority to avoiding harm ... More


Rejecting the Second Premise

David Boonin

in The Non-Identity Problem and the Ethics of Future People

Published in print:
2014
Published Online:
November 2014
ISBN:
9780199682935
eISBN:
9780191787713
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199682935.003.0003
Subject:
Philosophy, Moral Philosophy

This chapter explains and critically evaluates those solutions to the non-identity problem that involve rejecting the second premise of the argument that gives rise to the problem. The second premise ... More


Introduction

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0001
Subject:
Law, Company and Commercial Law

This chapter introduces the dominant philosophical account of contract law: the ‘promise theory’. According to the promise theory, promise plays a ‘foundational’ or special normative role in the ... More


The Limits of Promise

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0003
Subject:
Law, Company and Commercial Law

This chapter critically assesses three ways in which promise might plausibly claim to play a ‘foundational’ or special justificatory role in contract. According to ‘justificatory necessity’, promise ... More


The Penalties Rule and Compensation

Prince Saprai

in Contract Law Without Foundations: Toward a Republican Theory of Contract Law

Published in print:
2019
Published Online:
April 2019
ISBN:
9780198779018
eISBN:
9780191824050
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198779018.003.0008
Subject:
Law, Company and Commercial Law

According to the penalties rule, agreed damages clauses that grossly over-compensate the promisee for breach of contract are invalid and unenforceable. This chapter argues that the ‘promise theory’ ... More


Is Procreation (Almost) Always Wrong?

Rivka Weinberg

in The Risk of a Lifetime: How, When, and Why Procreation May Be Permissible

Published in print:
2015
Published Online:
December 2015
ISBN:
9780190243708
eISBN:
9780190243722
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243708.003.0005
Subject:
Philosophy, Moral Philosophy, General

Arguments against the permissibility of procreativity are addressed. Benatar argues that people err in assessing their lives as good. The chapter argues that subjective assessments are valid because ... More


Insult and Equality

Jason Hanna

in In Our Best Interest: A Defense of Paternalism

Published in print:
2018
Published Online:
September 2018
ISBN:
9780190877132
eISBN:
9780190877163
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190877132.003.0003
Subject:
Philosophy, Moral Philosophy, Political Philosophy

This chapter critically assesses three related objections to paternalism: that paternalism is prompted by insulting motives (the motive-based objection), that paternalism expresses an insulting ... More


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