Question: How would antibiotic resistance be handled in a free society? Bacteria acquire resistance to antibiotics by exposure to low doses of antibiotics. Such low doses may come from misuse of antibiotics, for example when taken to combat a cold or flu (which are viral infection against which antibiotics do nothing) or by not completing the full course as prescribed by a doctor. Antibiotics are indeed awesome drugs which have saved millions of lives. But resistant bacteria pose a serious health problem, often causing serious and difficult-to-treat illness in third parties. What would be the proper way to address this problem in a free society?
Question: Was California right or wrong to ban "gay cure" therapy for minors? Recently, California banned "reparative" or "conversion" therapy – meaning, therapy that aims to make gay teenagers straight. Such therapy is widely regarded as dangerous pseudo-science by mental health professionals. The ban only applies to patients under 18. So adults can still choose such therapy for themselves, but parents cannot foist it on their minor children. Is such therapy a form of child abuse? Or should parents have the power to compel such therapy on their children, even if they're morally wrong to do so?
Subjects Discussed: * What tort law is, compared with criminal, contract, and property law * Intentional versus accidental torts * Crimes and torts * The negligence standard versus strict liability in torts * Standards for torts in American history * Good Samaritan laws and torts: affirmative duties * Special cases of duties to rescue * Free speech and torts: defamation, invasion of privacy, and intentional infliction of emotional distress * Proposals for tort reform * Torts and legal precedents in property law * Law and philosophy.
Question: How would the government protect the safety of food and drugs in a free society? Would the FDA (Food and Drug Administration) exist in free society? If so, would food or drugs have to gain FDA approval to be sold? Would it have the power to remove food or drugs deemed unsafe from the market? If not, what would protect consumers from harm due to adulterated or otherwise unsafe food or drugs?
Question: Should people with severe genetic diseases take active measures to prevent passing the disease to their children? Some people have severe hereditary diseases – such as Huntington's or Multiple Sclerosis – that might be passed on to their biological children. If that happens, the child will be burdened with the disease later in life, perhaps suffering for years and dying young. Is it wrong for such people to conceive and merely hope for the best – rather than screening for the disease (and aborting if necessary), using donor eggs or sperm, or adopting? Are the parents who just hope for the best harming their future child? Are they violating their child's rights by refusing to take advantage of available technology for preventing the disease?
Question: Do smoking bans violate rights? Cities are banning smoking in private businesses like bars and even smoke shops. Are these bans immoral – meaning, do they violate rights? Does second-hand smoke violate the rights of non-smoking patrons or employees? What should be the policy for government-owned property like parks, court houses, sidewalks, etc?
Question: It is wrong to inflict second-hand smoke on other people? Although smoking is detrimental to a person's health, whether or not someone smokes is (or should be) a matter of his personal choice. However, what is the proper moral and legal status of "second-hand smoke"? If second-hand smoke contributes to the development of respiratory diseases or if others simply find it noxious, shouldn't people refrain from smoking in public or smoking around people who haven't consented to it? In a free society, would and should most workplaces ban smoking? Could second-hand smoke be considered a tort, such that the state should forbid smoking around people who object to it?
Question: Should an employer have to explain and justify his firing of an employee? Should an employer be able to fire an employee for some alleged misconduct, even though the employer never bothered to verify the misconduct, nor asked the employee for his side of the story? For example, suppose that when the employee shows up for work he is simply told that he's been fired because someone made a complaint about him. The employee could easily prove the complaint to be false but the employer isn't concerned with proof or lack thereof. The employee's reputation in the eyes of possible future employers is damaged, even if the employer never discusses the firing with anyone else. In such a case, should the employee be able to sue for having been fired without proper cause?