A Ulysses pact or Ulysses contract is a freely made decision that is designed and intended to bind oneself in the future. The term is used in medicine, especially in reference to advance directives (also known as living wills), where there is some controversy over whether a decision made by a person in one state of health should be considered binding upon that person when they are in a markedly different, usually worse, state of health.
The term refers to the pact that Ulysses (Greek name Ὀδυσσεύς, Odysseus ) made with his men as they approached the Sirens. Ulysses wanted to hear the Sirens' song although he knew that doing so would render him incapable of rational thought. He put wax in his men's ears so that they could not hear and had them tie him to the mast so that he could not jump into the sea. He ordered them not to change course under any circumstances and to keep their swords upon him and to attack him if he should break free of his bonds.
Upon hearing the Sirens' song, Ulysses was driven temporarily insane and struggled with all of his might to break free so that he might join the Sirens, which would have meant his death. His men, however, kept their promise, and they refused to release him.
Psychiatric advance directives are sometimes referred to as Ulysses pacts or Ulysses contracts, where there is a legal agreement designed to override a present request from a legally incompetent patient in favor of a past request made by that previously competent patient. [1] An example of when Ulysses contracts are invoked is when people with schizophrenia stop taking their medication at perceived remission times. [2]
In the wake of the Snowden revelations, digital technology companies and commentators have had to consider the situation of a technology provider being ordered by a government to act in a way that they feel morally opposed to. One example is that Apple, as part of the FBI–Apple encryption dispute, decided to engineer the iPhone in a way that made it impossible for them to read the data on it, which has been described as "a digital Ulysses pact". [3] A related example is that of a warrant canary, which Cory Doctorow describes as being a Ulysses pact (albeit a "weak" one, since the issuer of the canary can fail or be forced not to kill the canary), as is binary transparency (applying the idea of certificate transparency to binary executable files), which he describes as a "much stronger, more effective Ulysses pact", since a public append-only log is harder to censor. [4]
Ulysses clauses in public policy are provisions that discourage or prevent future changes. For example, in the state of California initiatives generally include a Ulysses clause to prevent amendments. [ citation needed ]
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter. The person authorizing the other to act is the principal, grantor, or donor. The one authorized to act is the agent, attorney, or in some common law jurisdictions, the attorney-in-fact.
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity. In the U.S. it has a legal status in itself, whereas in some countries it is legally persuasive without being a legal document.
Cory Efram Doctorow is a Canadian-British blogger, journalist, and science fiction author who served as co-editor of the blog Boing Boing. He is an activist in favour of liberalising copyright laws and a proponent of the Creative Commons organization, using some of its licences for his books. Some common themes of his work include digital rights management, file sharing, and post-scarcity economics.
Down and Out in the Magic Kingdom is a 2003 science fiction book, the first novel by Canadian author and digital-rights activist Cory Doctorow. Concurrent with its publication by Tor Books, Doctorow released the entire text of the novel under a Creative Commons noncommercial license on his website, allowing the whole text of the book to be freely read and distributed without needing any further permission from him or his publisher.
Eastern Standard Tribe is a 2004 science fiction novel by Canadian writer Cory Doctorow. Like Doctorow's first two books, the entire text was released under a Creative Commons license on Doctorow's website, allowing the whole text of the book to be read for free and distributed without the publisher's permission.
Klaus-Heiner Lehne is a German lawyer and politician who has been serving as member of the European Court of Auditors (ECA) since 2014. From 2016 until 2022, he was its 11th President
Cruzan v. Director, Missouri Department of Health, 497 U.S. 261 (1990), was a landmark decision of the Supreme Court of the United States involving a young adult incompetent. The first "right to die" case ever heard by the Court, Cruzan was argued on December 6, 1989, and decided on June 25, 1990. In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of advance health directives.
Government procurement or public procurement is undertaken by the public authorities of the European Union (EU) and its member states in order to award contracts for public works and for the purchase of goods and services in accordance with principles derived from the Treaties of the European Union. Such procurement represents 13.6% of EU GDP as of 2018, and has been the subject of increasing European regulation since the 1970s because of its importance to the European single market.
In the field of medicine, a healthcare proxy is a document with which a patient appoints an agent to legally make healthcare decisions on behalf of the patient, when the patient is incapable of making and executing the healthcare decisions stipulated in the proxy. Once the healthcare proxy is effective, the agent continues making healthcare decisions as long as the primary individual is legally competent to decide. Moreover, in legal-administrative functions, the healthcare proxy is a legal instrument akin to a "springing" healthcare power of attorney. The proxy must declare the healthcare agent who will gain durable power attorney. This document also notifies of the authority given from the principal to the agent and states the limitations of this authority.
In psychology, precommitment refers to a strategy or a method of self-control that an agent may use to restrict the number of choices available to them at a future time. The strategy may also involve the imposition of obstacles or additional costs to certain courses of action in advance. As theorized by the social scientist Jon Elster, agents may precommit themselves when they predict that their preferences will change but wish to ensure that their future actions will align with their current preferences.
A warrant canary is a method by which a communications service provider aims to implicitly inform its users that the provider has been served with a government subpoena despite legal prohibitions on revealing the existence of the subpoena. The warrant canary typically informs users that there has not been a court-issued subpoena as of a particular date. If the canary is not updated for the period specified by the host or if the warning is removed, users might assume the host has been served with such a subpoena. The intention is for a provider passively to warn users of the existence of a subpoena, albeit violating the spirit of a court order not to do so, while not violating the letter of the order.
Little Brother is a novel by Cory Doctorow, published by Tor Books. It was released on April 29, 2008. The novel is about four teenagers in San Francisco who, in the aftermath of a terrorist attack on the San Francisco–Oakland Bay Bridge and BART system, defend themselves against the Department of Homeland Security's attacks on the Bill of Rights. The novel is available for free on the author's website under a Creative Commons license, keeping it accessible and remixable to all.
Office of Fair Trading v Abbey National plc and Others[2009] UKSC 6is a judicial decision of the United Kingdom Supreme Court relating to bank charges in the United Kingdom, with reference to the situation where a bank account holder goes into unplanned overdraft.
The Electronic Commerce Directive in EU law sets up an Internal Market framework for online services. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States.
A surrogate decision maker, also known as a health care proxy or as agents, is an advocate for incompetent patients. If a patient is unable to make decisions for themselves about personal care, some agent must make decisions for them. If there is a durable power of attorney for health care, the agent appointed by that document is authorized to make health care decisions within the scope of authority granted by the document. If people have court-appointed guardians with authority to make health care decisions, the guardian is the authorized surrogate.
POLST is an approach to improving end-of-life care in the United States, encouraging providers to speak with the severely ill and create specific medical orders to be honored by health care workers during a medical crisis. POLST began in Oregon in 1991 and currently exists in 46 states; some of the 46 states have the program in development. The POLST document is a standardized, portable, brightly colored single page medical order that documents a conversation between a provider and an individual with a serious illness or frailty towards the end of life. A POLST form allows emergency medical services to provide treatment that the individual prefers before possibly transporting to an emergency facility.
A safe harbor is a provision of a statute or a regulation that specifies that certain conduct will be deemed not to violate a given rule. It is usually found in connection with a more-vague, overall standard. By contrast, "unsafe harbors" describe conduct that will be deemed to violate the rule.
Eley v Positive Government Security Life Assurance Co Ltd (1876) 1 Ex D 88 is a UK company law case, concerning a company's articles of association as a contract between member and company.
An automatic renewal clause, is activated towards the end of the contractual period whereby it automatically renews the terms of an agreement except when the contract is terminated, or one of the contracting parties has sent a letter of contract cessation to others prior to the end of the period. An example of the clause is illustrated in the following quote: “Each Term shall automatically renew for subsequent periods of the same length as the initial Term unless either party gives the other written notice of termination at least thirty (30) days prior to expiration of the then-current Term."
Ulysses and the Sirens is an 1891 painting by the Pre-Raphaelite artist John William Waterhouse. It is currently held in the National Gallery of Victoria, Melbourne, Australia.