Term Paper: Legality of the "Individual Mandate

Pages: 2 (799 words)  ·  Bibliography Sources: 1+  ·  Level: College Senior  ·  Topic: Music  ·  Buy This Paper

SAMPLE EXCERPT:

[. . .] According to the Legal Dictionary Online, "As a general rule, specific performance is applied in breach of contract actions where monetary damages are inadequate, primarily where the contract involves land or a unique chattel."

In November of 2010, Steinway announced its Imagine Series Limited Edition, which "is modeled after the white Steinway grand piano that John Lennon presented to Yoko Ono on her birthday in 1971, which is still at their famous Manhattan residence -- the Dakota." These limited-edition pianos are unique in that they are specifically modeled after the original Lennon Steinway; however, they do not have the uniqueness of the original model.

Question 4: Episode 1: What is the right thing to do?

Michael Sandel presents difficult questions in his initial episode by presenting what-if scenarios that offer unpleasant choices: to kill five people or to kill one? This seems simple enough to decide, and most would decide on a course of action that would take the fewest lives. When additional variables are factored into the equation, the course of action suddenly seems less clear. Sandel describes these two types of thinking as consequentialist moral reasoning and categorical moral reasoning. Consequentialist moral reasoning was written about by Jeremy Bentham, the 18th century political English philosopher whose ideas were known as utilitarianism. The second school of thought Sandel presents, categorical moral reasoning, is what we read about in Immanuel Kant's writings.

Personal and political risks are inherent in undertaking this type of study, Sandel points out to his students. Reading the theories of these different schools of philosophy causes individuals to see things in a different way, and once they have done so, the experience changes them. The right thing to do, at this early stage of study, would be to take the course of action that takes the fewest lives.

References

British History Online. University of London and History of Parliament Trust. Retrieved electronically on May 3, 2012 from http://www.british-history.ac.uk/report.aspx?compid=47463

Mears, Bill. Supreme Court divided over health care mandate. Retrieved electronically on May

3, 2012 from http://www.cnn.com/2012/03/27/justice/scotus-health-care/index.html

Specific performance definition from The Free Dictionary by Farlex. Retrieved electronically

May 2, 2012 from http://legal-dictionary.thefreedictionary.com/Specific+performance

Statute of frauds and contract law. Retrieved electronically on May 3, 2012, from http://www.expertlaw.com/library/business/statute_of_frauds.html

Steinway announces John Lennon grand piano. Beatles Bible. Retrieved electronically May 2,

2012 from http://www.beatlesbible.com/2010/11/01/steinway-john-lennon-grand-piano/ [END OF PREVIEW]

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Legality of the "Individual Mandate.  (2012, May 3).  Retrieved July 17, 2019, from https://www.essaytown.com/subjects/paper/legality-individual-mandate/2855685

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https://www.essaytown.com/subjects/paper/legality-individual-mandate/2855685.