Delegation and Its Limits
Decision-making is central to the human experience, but so is delegation of decision-making authority. We all delegate some decisions to others, perhaps because we lack time, expertise, or decisional capacity. But are there some decisions that we should not be allowed to delegate at all? This seminar examines delegation from an interdisciplinary perspective and seeks to map out its conceptual limits. We will first explore theories of autonomy, delegation, and personhood as a jumping-off point to understanding specific substantive areas in which the law structures delegation regimes. We will consider the delegation of various types of decisions, possibly to include: financial decisions, health care/medical decisions, marriage/divorce decisions, sexual decisions, and voting decisions.