The Function of Several Property and Freedom of Contract*: RANDY E. BARNETT

Social Philosophy and Policy 9 (1):62-94 (1992)
  Copy   BIBTEX

Abstract

Suppose you are on a commercial airplane that is flying at 35,000 feet. Next to you sits a man who appears to be sleeping. In fact, this man has been drugged and put upon the plane without his knowledge or consent. He has never flown on a plane before and, indeed, has no idea what an airplane is. Suddenly the man awakes and looks around him. Terrified by the alien environment in which he finds himself, he searches for a door or window from which to make an escape. As luck would have it, he is seated right next to a window exit and he begins to pull the handle that will open the window. You are aware that opening the window exit at this altitude will cause the cabin to quickly depressurize and that this man, you, and probably several other passengers will be sucked out the window to your deaths. You desperately want to stop him from opening the window. Now assume that for some reason it is impossible to prevent him physically from performing the deadly act. Your only option is to rationally persuade him to leave the window exit alone. You cry out to him and, with both hands on the handles, he turns to face you and waits to hear what you have to say. What sort of argument would you make?

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 91,709

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

On Barnett’s Theory of Default Rules.Dr Mikko Wennberg - 2003 - Canadian Journal of Law and Jurisprudence 16 (1):147-156.
Overdetermining causes.Jonathan Schaffer - 2003 - Philosophical Studies 114 (1-2):23 - 45.
Hungarian disjunctions and positive polarity.Anna Szabolcsi - 2002 - In Istvan Kenesei & Peter Siptar (eds.), Approaches to Hungarian, Vol. 8. Univ. of Szeged.
The Window in Photographs.Karen Hellman - 2013 - J. Paul Getty Museum.
Against Originalism: Getting over the U. S. constitution.Austin W. Bramwell - 2004 - Critical Review: A Journal of Politics and Society 16 (4):431-453.
Contract Remedies and Inalienable Rights*: RANDY E. BARNETT.Randy E. Barnett - 1986 - Social Philosophy and Policy 4 (1):179-202.
What Is Assertion.John MacFarlane - 2011 - In Jessica Brown & Herman Cappelen (eds.), Assertion. Oxford University Press.
Genes and Spleens: Property, Contract, or Privacy Rights in the Human Body?Radhika Rao - 2007 - Journal of Law, Medicine and Ethics 35 (3):371-382.

Analytics

Added to PP
2010-08-31

Downloads
90 (#189,009)

6 months
23 (#118,990)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

Personal Knowledge.Manley Thompson - 1960 - Philosophical Review 69 (1):111.
Knowing and Being.Michael Polanyi & Marjorie Grene - 1971 - British Journal for the Philosophy of Science 22 (1):65-67.

Add more references