I. Introduction Two kinds of remedies have traditionally been employed for breach of contract: legal relief and equitable relief. Legal relief normally takes the form of money damages. Equitable relief normally consists either of specific performance or an injunction – that is, the party in breach may be ordered to perform an act or to refrain from performing an act. In this article I will use a “consent theory of contract” to assess the choice between money damages and specific performance. (...) According to such a theory, contractual obligation is dependent on more fundamental entitlements of the parties and arises as a result of the parties' consent to transfer alienable rights. My thesis will be that the normal rule favoring money damages should be replaced with one that presumptively favors specific performance unless the parties have consented to money damages instead. The principal obstacle to such an approach is the reluctance of courts to specifically enforce contracts for personal services. The philosophical distinction between alienable and inalienable rights bolsters this historical reticence, since a right to personal services may be seen as inalienable. I will then explain why, if the subject matter of a contract for personal services is properly confined to an alienable right to money damages for failure to perform, specific enforcement of such contracts is no longer problematic. Finally, I shall consider whether the subject matter of contracts for corporate services is properly confined to money damages like contracts for personal services, or whether performance of corporate services can be made the subject of a valid rights transfer and judicially compelled in the same manner as contracts for external resources. (shrink)

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? (shrink)

In this provocative and engaging new book, Randy Barnett outlines a powerful and original theory of liberty structured by the liberal conception of justice and the rule of law. Drawing on insights from philosophy, political theory, economics, and law, he shows how this new conception of liberty can confront, and solve, the central societal problems of knowledge, interest, and power.

Religion and spirituality are important aspects of the lives of most psychotherapy clients. Unfortunately, many psychotherapists lack the training to effectively and ethically address these issues with their clients. At times, religious or spiritual concerns may be relevant to the reasons clients seek treatment, either as areas of conflict or distress for clients or as sources of strength and support that the psychotherapist may access to enhance the benefit of psychotherapy. This article reviews persistent ethical issues and dilemmas relevant to (...) providing psychotherapy to clients for whom issues of religion and spirituality are clinically relevant. Ethical considerations include assessment, advertising and public statements, informed consent, competence, boundary issues and multiple relationships, cooperation with other professionals, and how to effectively integrate religious and spiritual interventions into ongoing psychotherapy. A decision-making process is presented to guide psychotherapists in their clinical work with clients for whom religious and spiritual issues are salient or clearly linked to their presenting problems. (shrink)

My purpose in this brief paper is to consider the implications of a radically different computer architecure to some fundamental problems in the foundations of Cognitive Science. More exactly, I wish to consider the ramifications of the 'Gödel-Minds-Machines' controversy of the late 1960s on a dynamically changing computer architecture which, I venture to suggest, is going to revolutionize which 'functions' of the human mind can and cannot be modelled by (non-human) computational automata. I will proceed on the presupposition that the (...) reader is familiar with some of the fundamentals of computational theory and mathematical logic. (shrink)

Most, if not all, psychologists have served as teaching or research assistants during graduate school, been instructed by teaching assistants, or both. As both faculty and students themselves, graduate assistants are faced with several dilemmas for which they typically have little preparation or guidance. These issues are explored in the context of the existing literature on multiple relationships in academic settings. Recommendations are made for graduate assistants, their faculty supervisors or mentors, and administrators to proactively address and confront these challenges (...) in a manner consistent with the profession of psychology's ethics code and to minimize the potential for harm to those we are entrusted to teach. (shrink)

In this paper we interpret a characterization of the Gödel speed-up phenomenon as providing support for the ‘Nagel-Newman thesis’ that human theorem recognizers differ from mechanical theorem recognizers in that the former do not seem to be limited by Gödel's incompleteness theorems whereas the latter do seem to be thus limited. However, we also maintain that (currently non-existent) programs which are open systems in that they continuously interact with, and are thus inseparable from, their environment, are not covered by the (...) above (or probably any other recursion-theoretic) argument. (shrink)

The present article is a continuation of the debate two sets of authors have been engaging in regarding one type of maturity mismatching: borrowing short and lending long. All four authors had agreed that this practice can set up the Austrian Business Cycle; the present author denies that BSLL would be a legitimate commercial interaction in the free society; Bagus and Howden continue to maintain that it would be licit. Our main criticism of Bagus and Howden is a reductio ad (...) absurdum: that this opens them up to the charge of embracing the doctrine of market failure; this is something highly problematic for the two of them, since all four contributors to this debate are well-known supporters of laissez faire capitalism. (shrink)

This article introduces the concept of ‘strategic identity’ as a bridge between the indigenous peoples’ struggle for self-determination and their search for solidarity in the context of globalization, with a focus on the Lumads, or indigenous peoples in southern Philippines. The paper begins with an encounter with a global actor affecting a local community. We realize the impact of powerful, well-networked forces that challenge even the operation of the state. Without trivializing the threats associated with this model of globalization, we (...) also insist that a realistic and hopeful approach may emerge if we acknowledge the many ‘selves’ in the indigenous peoples’ self-determination. At the heart of this proposal is a matrix that unpacks the complex ways that local, national, sectoral, and global actors can engage in conflict or solidarity with these strategic identity assertions. Solidarity work, then, becomes diversified and strategized in response to the evolving multiple indigenous identities that modernity paradoxically both endangers and engenders. (shrink)

The purpose of this paper is to examine briefly what is meant by the term “philosophy” as it occurs in such expressions as “philosophy of physics,” “philosophy of mathematics,” “philosophy of science” and the like. The discussion will be divided into three parts: the first will consider several distinct meanings of the term “philosophy;” the second will discuss one of these in some detail, namely, philosophy as analysis; the third will seek to answer an important question concerning the results of (...) philosophic analysis. (shrink)