 | Richard A. Posner - 1983 - 436 lapas
...precisely, perhaps, hypothetical) consent where it exists. Its existence can be ascertained by asking the hypothetical question whether, if transaction costs were zero, the affected parties would agree to the institution. The procedure resembles a judge's imputing the intent of parties to a contract... | |
 | Mark Sagoff - 1990 - 286 lapas
...institutions, such as ... the market itself?" He answers that "we should look for implied consent, as by trying to answer the hypothetical question whether, if transaction...affected parties would have agreed to the institution." See Posner, "The Ethical and Political Basis," p. 494. 33 John Rawls, "Justice as Fairness: Political... | |
 | Jeanne Lorraine Schroeder - 2004 - 328 lapas
...abandon the principle of consent, but rather that we should look for implied consent, as by trying to answer the hypothetical question whether, if transaction...parties would have agreed to the institution. " Posner, The Efficiency Norm, supra note 1 1 , at 494. 46. JOHN LOCKE, Two TREATISES ON GOVERNMENT (Peter Lachelt... | |
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If there is no reliable mechanism for eliciting express consent, it follows, not that we must abandon the principle of consent, but rather that we should look for implied consent, as by trying to answer the hypothetical question whether, if transaction... 