Difference between revisions of "Marketism/positive obligation"
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(Created page with "A {{l/same|positive obligation}} is an {{l/same|obligation}} to take some action. Marketists believe that only {{l/same|negative obligation}}s exist without prior voluntary a...") |
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Marketists believe that only {{l/same|negative obligation}}s exist without prior voluntary agreement, while positive obligations only exist by voluntary agreement to a {{l/same|contract}} specifying them. | Marketists believe that only {{l/same|negative obligation}}s exist without prior voluntary agreement, while positive obligations only exist by voluntary agreement to a {{l/same|contract}} specifying them. | ||
| + | ==Reality== | ||
| + | This ignores (or at least flies in the face of) the long history of positive obligation encoded in both tradition and law: | ||
| + | * [http://www.duhaime.org/LegalResources/maritimelaw/lawarticle-389/the-obligation-to-render-assistance-at-sea.aspx The Obligation to Render Assistance at Sea] (duhaime.org, a legal reference) | ||
| + | * [http://www.sealaw.com/maritime-law-cruise-ships-and-assistance-for-distressed-boaters/ Maritime Law: Cruise Ships and Assistance for Distressed Boaters] | ||
| + | * Wikipedia: {{l/wp|Duty to rescue}}, {{l/wp|Law of obligations}} | ||
Latest revision as of 01:50, 2 April 2015
A positive obligation is an obligation to take some action.
Marketists believe that only negative obligations exist without prior voluntary agreement, while positive obligations only exist by voluntary agreement to a contract specifying them.
Reality
This ignores (or at least flies in the face of) the long history of positive obligation encoded in both tradition and law:
- The Obligation to Render Assistance at Sea (duhaime.org, a legal reference)
- Maritime Law: Cruise Ships and Assistance for Distressed Boaters
- Wikipedia: Duty to rescue, Law of obligations