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  1. Paternalism, Unconscionability Doctrine, and Accommodation.Seana Valentine Shiffrin - 2000 - Philosophy and Public Affairs 29 (3):205-250.
    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 (...)
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  • Punishment and the Appropriate Response to Wrongdoing.Victor Tadros - 2017 - Criminal Law and Philosophy 11 (2):229-248.
    My main aims in this paper are to further clarify and defend the Duty View of punishment, outlined in my book The Ends of Harm, by responding to some objections to it, and by exploring some variations on that view. I briefly lay out some steps in the justification of punishment that I defend more completely in Chapter 12 of The Ends of Harm. I offer some further support for these steps. They justify punishment of an offender for general deterrence (...)
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  • On Liberty, Utilitarianism.John Stuart Mill - 1936 - Philosophical Review 45:527.
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  • The Possibility of Choice: Three Accounts of the Problem with Coercion.Japa Pallikkathayil - 2011 - Philosophers' Imprint 11.
    There is a strong moral presumption against the use of coercion, and those who are coerced seem to be less responsible for the actions they were coerced to perform. Both these considerations seem to reflect the effect of coercion on the victim’s choice. This paper examines three ways of understanding this effect. First, I argue against understanding victims as unable to engage in genuine action. Next, I consider the suggestion that victims are unable to consent to participate in the coercer’s (...)
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  • The child's right to an open future.Joel Feinberg - 2006 - In Randall Curren (ed.), Philosophy of Education: An Anthology. Malden, MA: Wiley-Blackwell.
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  • (1 other version)What is a child?Tamar Schapiro - 1999 - Ethics 109 (4):715–738.
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  • Unconscionability and Contracts.Alan Wertheimer - 1992 - Business Ethics Quarterly 2 (4):479-496.
    This article considers the principles that underlie the claim that some contracts are unconscionable and that such contracts should not be enforceable. It argues that it is much more difficult to explain unconscionability than is often supposed, particularly in cases where the contract is mutually advantageous or Pareto superior. Among other things, the article considers whether unconscionability is a defect in process or result, whether the gains in an unconscionable contract are disproportionate, whether there is a strong link between the (...)
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