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Paternalism, Unconscionability Doctrine, and Accommodation
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TLDR
The authors argue that the characterization of the unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection, and they defend the notion of autonomy in contract law.Abstract:
The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity.read more
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References
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On the Currency of Egalitarian Justice
TL;DR: In this article, the Tanner Lecture of 1979 called "Equality of What?" Amartya Sen asked what aspects of a person's condition should count in a fundamental way for egalitarians, and not merely as cause of or evidence of or proxy for what they regard as fundamental.
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Equality and equal opportunity for welfare
TL;DR: The authors argued that the idea of equal opportunity for welfare is the best interpretation of the ideal of distributive equality and argued that some goods are legitimately available for distribution in this fashion, hence that the entitlements and deserts of individuals do not predetermine the proper ownership of all resources.
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The health care costs of smoking
TL;DR: In the long term, complete smoking cessation would produce a net increase in health care costs, but it could still be seen as economically favorable under reasonable assumptions of discount rate and evaluation period.
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Why the legal system is less efficient than the income tax in redistributing income
Louis Kaplow,Steven Shavell +1 more
TL;DR: In this article, the authors argue that using legal rules to take up some of the slack and promote distributional objectives is less efficient than using the income tax system to redistribute income.
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Assessing priorities for allocation of donor liver grafts: survey of public and clinicians
TL;DR: The views of the public are at variance with those of clinicians in allocating donor livers to potential recipients of liver allograft and further debate is required to ensure an equitable and appropriate distribution of a scarce resource.