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...")
 
(counterexamples)
 
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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.
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==Reality==
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This ignores (or at least flies in the face of) the long history of positive obligation encoded in both tradition and law:
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* [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)
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* [http://www.sealaw.com/maritime-law-cruise-ships-and-assistance-for-distressed-boaters/ Maritime Law: Cruise Ships and Assistance for Distressed Boaters]
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* 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: