Law Essay Samples
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| [...] Thus a trust power creates a duty to act in some form but a mere power does not. However the courts have seen fit to engage, if not marry, mere power into trusts. If the appointee of the power fails to use it the courts will intervene in certain situations. The courts have imposed a duty on the appointee to consider the use of his power, to exercise it within the trust and not capriciously. These are identical to those of a trust power, the difference being that the courts look willing to administer the [trust] powers whereas they will only stop the use of mere powers if used incorrectly. [...] |
| [...] The theory is governed by rational choice motivational assumptions: "individuals act so as to obtain maximum advantage." Thus the discriminator will have the incentive to discriminate if there is gain involved. However, the mere existence of incentive does not necessarily imply the power to bring the system into being. The advantage therefore has its roots not in the comparison between two actions which the discriminator might perform, but arises almost regardless of the person's actions from the person's comparative positions in two social systems: one free of discrimination and the other including racial discriminatory social precedence. [...] |
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