Contracts
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Q&A: Stigmatized Property: 19 Jul 2015, Question 3
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Question: Should sellers of homes be obliged to report the spiritual or criminal history of the property? Many state laws require that "stigmatized" properties, such as those with a history of paranormal activity or a past owner such as Jeffrey Dahmer, be reported by real estate agents. That leads to the home being devalued in price. Should such a law exist? Moreover, should potential buyers take advantage of any "stigmatized" property, thereby offering and paying less, even though belief in paranormal activity is irrational?
Tags: Communication, Contracts, Epistemology, Ethics, Honesty, Law, Metaphysics, Property Rights, Rationality, Supernatural, Tact
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Q&A: Third Party Payments in Medicine: 11 Jan 2015, Question 2
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Question: What should be done about third party payments in medicine? I was fascinated by your statement in your November 7th, 2012 discussion of the election that the real need in medicine was to do away with third party payments. It's quite a radical proposal, one of the most radical I've heard from you. How would you think such a thing might be implemented through ethically proper means – as opposed to measures such as legally prohibiting third party payments? Are there types of medical care – perhaps for catastrophic illness or injury – where third party payment would need to be kept in place, or where people in a free economy would likely still choose to keep them in place?
Tags: Business, Contracts, Free Society, Government, Innovation, Insurance, Medicine, Regulation
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Q&A: Concealing a Pet from a Landlord: 28 Sep 2014, Question 3
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Question: It is wrong to keep my pet a secret from my landlord? My fiancee and I own a cat. By the rules of our apartment, we should notify our landlord and pay monthly pet rent and deposits. However, we keep a cleaner apartment than the majority of people without pets. If the cat's not tearing up carpet and peeing on walls, I don't feel I should pay more than, say, someone who is disrespectful of the property and causes more damage to the unit. Moreover, I recently heard firsthand from a group of experienced landlords that they prefer cleaner tenants with pets as opposed to straight up dirty tenants. So should I fess up and pay or not?
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Q&A: Legal Dueling: 25 May 2014, Question 2
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Question: Should dueling and other consensual fights be legal? In your September 5th, 2012 interview with Dr. Eric Daniels, you discussed some of America's violent past traditions, including the practice of dueling. While I have no intention of challenging my rivals to mortal combat, I cannot see why this practice should be illegal. The same might be said of less lethal modern variants such as bar fights, schoolyard fights, and other situations where violence is entered into with the mutual consent of both parties. Should such consensual violence be forbidden by law in a free society – not just for children but perhaps for adults too? If so, what justifies allowing more ritualized forms of combat, such as mixed-martial arts fighting, boxing, or even football?
Tags: Consent, Contracts, Law, Politics, Rights, Sports, Suicide
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Q&A: The Presence of Juries at Trials: 15 May 2014, Question 2
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Question: Should juries be present at trials? In fictional portrayals of trials, the jury is often told to disregard certain statements. Also, interruptions in the form of objections are common. Wouldn't it be easier for the jury to be absent from the trial itself, then presented with all and only the admissible evidence and testimony afterward? In fact, the jury need not see the parties in question, nor even know their names. Wouldn't that eliminate the possibility of racial discrimination and other irrelevant judgments?
Tags: Communication, Contracts, Crime, Epistemology, Honesty, Juries, Law, Torts
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Q&A: Giving Back an Engagement Ring: 6 Apr 2014, Question 2
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Question: Should a woman give back her engagement ring if the relationship goes sour? A friend of mine asked his girlfriend to marry him, and she accepted. However, they broke off the engagement – and the relationship – a few months later. Is she morally or legally obliged to give back the ring? Is the answer different if they married, then split?
Tags: Contracts, Ethics, Law, Marriage, Property, Relationships, Theft
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Q&A: Liability for Injuries on the Job: 5 Jan 2014, Question 2
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Question: Should employers be required to warn employees of possible harms on the job? Discovery Channel's TV show Gold Rush depicted a South American gold miner using mercury in the mining process because mercury binds to gold and makes extraction from a "sluice." Mercury, being heavier, falls below the surface and is collected at the bottom of a "sluice box." The episode (titled "The Jungle") depicts workers using their bare hands in the sluice where I'm assuming they are in direct physical contact with the toxic mercury. In a free society, should employers be allowed to expose their employees to such dangers? Should employers be obliged to warn employees of those dangers or to take precautions? Or are workers responsible for the risks of their job?
Tags: Business, Capitalism, Capitalism, Contracts, Ethics, Law, Rights, Risk, Work
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Q&A: The Morality of Jailbreaking: 14 Jul 2013, Question 2
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Question: Is it morally wrong to 'root' or 'jailbreak' your own electronic devices? Maybe I'm just too stupid or lazy to read through all the legal-ese that comes with these devices, so I don't know whether technically a customer is contractually obligated not to do it. But I know that companies try to design their products so that people can't easily "root" or "jailbreak" them, and clever people find ways to do it. Is doing so a theft of intellectual property?
Tags: Character, Contracts, Ethics, Intellectual Property, Law, Technology
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Q&A: Right to Work Laws: 16 Dec 2012, Question 1
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Question: Do right-to-work laws violate or protect rights? Some states are attempting to pass "right to work" laws, despite massive union opposition. Under such laws, employers cannot require employees to be a member of a union – as often happens due to federal law. These laws aim to empower employees against unwelcome unions. Are these laws legitimate – perhaps as defense against unjust federal law or a step toward freedom of contract? Or are they indefensible because they violate the rights of employers to dictate the terms of employment?
Tags: Activism, Business, Contracts, Ethics, Free Society, Government, History, Law, Rights, Unions, Work
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Q&A: Guaranteed Pensions for Government Employees: 2 Dec 2012, Question 3
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Question: Should pensions to government employees be guaranteed? Many cities and states are running into fiscal trouble and are reneging on promises to pay pensions to retired government employees, such as policemen. Should those promised payments be guaranteed, even if that means raising taxes or cutting back elsewhere? After all, those payments are part of a contract made between the employer and the employee. Or if money is tight for the city/state government, should the retirees have to share the same risk of default as anyone else the government owes money to?
Tags: Contracts, Ethics, Free Society, Government, Law, Pensions, Retirement, Welfare
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Q&A: Sexual Harassment Laws: 25 Nov 2012, Question 1
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Question: Are laws against sexual harassment proper? We already have laws against sexual assault and sexual battery, so do sexual harassment laws protect or violate rights? Also, what kind of sexual harassment policies should private companies have, if any? Should people be more skeptical of sexual harassment claims of the kind levelled against Herman Cain during the Republican primary?
Tags: Bullying, Contracts, Free Society, Law, Rights, Sex, Sexism, Sexual Harassment, Work
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Q&A: Manipulating People for Good Ends: 2 Sep 2012, Question 3
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Question: Is it wrong to manipulate a dishonest business into honoring its promises? A friend of mine bought tires from ACME Tire Company (that's not their real name) and purchased the additional road hazard coverage. Road hazard coverage says that Acme will repair the tire if it loses pressure due to driving over some hazard. If the tire is too damaged to repair, they will sell you a pro-rated replacement tire. My friend's tire started losing air and he took it to Acme, but they couldn't find anything wrong, so they put more air in it and let him go. Three weeks later, it lost air again and he went back. He did this five times. One time they told him they found a bit of metal in his tire, but when he asked to see it they said they already threw it away. Another time they said the tire didn't have a good seal, so they re-sealed it. Another time they said they found a little hole and that they fixed it. Each time, he explains his history each time and says he wants to purchase a pro-rated tire according to the terms of the agreement. But they won't do that because each time they claim to have found and fixed the problem. But after five times, he simply does not believe them. If the tire were actually fixed, he wouldn't mind. But since it's never fixed he's thinking that the only solution is to get a new tire. He's contemplating doing something to damage the tire to a point where they can't repair it. Would this be an ethical thing to do? Why or why not? What other options would you suggest?
Tags: Business, Contracts, Ethics, Honesty, Manipulation
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Q&A: Performance-Enhancing Drugs in Sports: 2 Sep 2012, Question 1
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Question: It is wrong for athletes to use performance-enhancing drugs? Lance Armstrong was recently stripped of his record seven Tour De France titles after allegations that he used performance enhancing drugs – particularly EPO, human growth hormone, and steroids. These drugs act to enhance vitality and endurance by increasing red blood cell count, stimulating new cell growth, and helping to regulate metabolism and immune function, respectively. Although I don't have a medical background, I can't find a moral difference between a competitive athlete taking such medications for peak performance and a regular person taking vitamins, herbs, and supplements for increased performance. Professional athletes are encouraged and expected to adopt other modern technologies such as lighter bicycle frames, carbon nanotube rackets, aerodynamic helmets, and expertly designed running shoes. So isn't it proper to embrace advances in medicine as well, so long as athletes are aware of the risks? Should we vilify such athletes on the grounds that they create an unfair advantage – or applaud them for maximizing performance via technology? Should sports leagues regulate or ban performance-enhancing drugs?
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Q&A: Potential Employers Demanding Facebook Logins: 1 Apr 2012, Question 3
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Question: Should employers ask applicants for their Facebook logins and passwords? More employers are asking job applicants for their Facebook logins and passwords as part of a background check. Of course, applicants can decline, in which case they might not be considered for the job. Should employers be asking for this information? Is it proper to want to check on the online activities of potential employees? Is that an invasion of privacy? How should someone respond if asked by a potential employer?
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Q&A: Selling Yourself into Slavery: 4 Mar 2012, Question 3
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Question: Why can't a person sell himself into slavery? People often decry indentured servitude, whereby people paid for their travel to America with several years of service. But this seems like a perfectly sound trade given certain assumptions about the terms of that service, e.g. you can't starve or abuse the servant. Is that right? If so, why can't a person sell himself into slavery? For instance, suppose that my family is poor, so I arrange with someone to give my family money in exchange for me becoming their slave, i.e. literally becoming their property. Is that possible? Should the law forbid that?