Faculty Bibliography
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Charles Fried, Privacy: Economics and Ethics, A Comment on Posner, 12 Ga. L. Rev. 423 (1978).
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"Some acts are wrong, even if they have good results, and some are right even if the world would have been a better place without them. Here is a cogent and lucid argument for a system of morality that makes place for that which is right or wrong in itself and not just according to consequences. Charles Fried develops in this book a conception of right and wrong that supports judgments on subjects as various as tax structure, self-defense, kidney transplants, tort liability, and freedom of speech. Fried begins by examining the demands of morality in two quite different cases: harming the innocent (where ordinary moral consciousness suggests absolutes) and lying (where consequences seem pertinent). Upon this foundation he elaborates a theory of rights that accounts for the obligation to contribute to the welfare of others but accounts also for the limits of that obligation. Comparisons and contrasts are drawn to economic theories of rights, and to the writings of Dworkin, Nozick, and Rawls. Finally, Fried considers how choices made within personal and professional roles—by friends and kin, by doctors and lawyers—are susceptible of moral judgment. Right and Wrong will have an impact on ethical, legal, and social theory, and will profit anyone thinking about the requirements of a moral life." -- Harvard University Press
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Economic analysis in general has difficulty accommodating the concept of rights. The economic analysis of health care in particular proposes triage as the model of a rational delivery system, with no place for traditional ethical limits and obligations. Familiar arguments based on resource constraints do not prove that rights cannot reasonably be recognized. Nor are rights in general and rights in medical care in particular adequately respected by attending to considerations of just distribution or equity. Rights in medical care are different from rights to medical care, and must be respected in any decent, advanced society. That such rights may be overridden in emergencies does not mean that respect for rights is not a constraint upon the pursuit of equity and efficiency.
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Charles Fried, An Anatomy of Values: Problems of Personal and Social Choice (Harv. Univ. Press 1970).
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