Promises

The proposition that “promises ought to be kept is one of the most important normative ideas or value judgements in our daily lives. But what about “illegal promises”? That is to say, what about promises that are, legally or morally speaking, malum in se or inherently wrongful, such as voluntary exchanges that are inherently immoral or wrongful, like bribes, blackmail, murder, etc.? In short, what moral obligations, if any, do such promises impose? Although many of the greatest thinkers in Western (...) civilization have offered a wide variety of theories to explain the source of promissory obligations, it turns out there is a blind spot in this centuries-old conversation, for few theorists have given the problem of illegal or immoral promises any sustained thought. Nevertheless, illegal or immoral promises should be of theoretical interest to us because such promises may help us delimit the outer boundaries of promissory obligations. (shrink)

John Searle’s Speech Act Theory enumerates necessary and sufficient conditions for a non-defective act of promising in producing sincere promises. This paper seeks to demonstrate the conjunctive insufficiency of the foregoing conditions due to the inadequacy of the sincerity condition to guarantee predicated acts being fulfillable. Being the definitive condition which contains the psychological state distinct in promises as illocutionary acts, that is the expression of intention (S intends to A), I purport that not all sincere promises are non-defective. To (...) motivate this, I shall explicate Searle’s conception of full blown explicit promises as his basic qualification for the application of the above conditions, and set the line as to how explicit is ‘explicit’? As a response to this insufficiency, I shall propose a condition, as part and parcel of the Propositional Content Clause, that makes up Searle’s felicity conditions for promises, which requires explicitness of the form: “A is fulfillable if A is explicit in form”. A is explicit if and only if 1) A is literal in form, where A can have either 1 basic or multiple meanings, and 2) The meaning of A, whether basic or multiple, with respect to its context is directly stated in the sentence uttered. I call this the Discharge Condition. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

No matter how it is viewed, as a plausible version of anti-utilitarianism or of non-consequentialist, or even as a plausible version of deontology, the theory of prima facie duties certainly makes W. D. Ross one of the most important moral philosopher of the twentieth-century. By outlining his pluralistic deontology, this paper attempts to argue for a positive answer to the question of whether Ross’s theory can offer a solution to the issue of conflicting duties. If such a solution is convincing, (...) as I believe it is, it would indicate the possibility to justify within the deontological framework, i.e., without committing to the principle of good-maximizing, those “hard cases” where people should break a promise or other (prima facie) duty in order to prevent a disastrous outcome. The theory of prima facie duties might then suggest that deontology and utilitarianism would likely be reconcilable. (shrink)

This paper offers an original argument for a Humean thesis about promising that generalises to the domain of normative powers. The Humean ‘natural unintelligibility’ thesis – prominently endorsed by Rawls, Hart, and Anscombe, and roundly rejected or forgotten by contemporary writers (conventionalists and non – conventionalists alike) – holds that a rational, suitably informed agent cannot so much as make a promise (much less a morally-binding promise) without exploiting conventional norms that confer promissory significance on act types (e.g., signing on (...) the dotted line) that would not otherwise have such significance. The argument (like Hume’s) is action-theoretic in character; its central premise is the Contribution Condition on acting with an aim: roughly, that doing X in order to (bring about) Y requires that the agent believe that their having X-ed on the occasion might come to fully or partly account for Y’s coming to pass. The argument generalises to the broader domain of exercises of normative powers, i.e., to acts that modify normative properties by ‘fiat’ or ‘stipulation’. This stipulative act has been characterised in three different ways, each of which is given due consideration. Finally, two different ways of accommodating the ‘natural unintelligibility’ thesis are considered, as is the thesis’s normative significance. (shrink)

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...) with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

The Canadian Department of Citizenship and Immigration has recently proposed to make in-person citizenship ceremonies optional. These ceremonies are oaths of allegiances: naturalizing citizens swear loyalty to King Charles and obedience to the laws of Canada. The Department of Citizenship and Immigration proposes to allow naturalizing citizens to take these oaths by checking a box online rather than by taking part in an in-person ceremony. In this commentary, I argue that Canada should go much further. It should stop forcing naturalizing (...) immigrants to swear oaths of allegiance altogether. Such oaths create an unjust inequality between naturalized and natural-born citizens: they mean the former have much weightier political obligations than the latter. (shrink)

This paper develops a new theory of the morality of promissory obligations. T. M. Scanlon notoriously argued that promising consists in assuring the promisee that we will do something. I disagree. I argue that it is true that promising consists in assuring the promisee, but what the promisor gives to the promisee is not an assurance that they will do something, but that the normative situation is in a certain way.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

What do we owe each other when we act together? According to normativists about collective action, necessarily something and potentially quite a bit. They contend that collective action inherently involves a special normative status amongst participants, which may, for example, involve mutual obligations to receive the concurrence of the others before leaving. We build on recent empirical work whose results lend plausibility to a normativist account by further investigating the specific package of mutual obligations associated with collective action according to (...) our everyday understanding. However, our results cast doubt on a proposed obligation to seek the permission of co-actors before exiting a collective action, and suggest instead that this obligation is a function of explicit promising. We then discuss how our results pave the path for a new normativism, a theory that neither under- nor overshoots the target given by our common conception of the interpersonal obligations present in collective action.*. (shrink)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (shrink)

I answer two questions: (1) what are people doing when they exchange conventional wedding vows? and (2) under what circumstances are these things morally and rationally permissible to do? I propose that wedding pledges are public proclamations that are simultaneously both private vows and interpersonal promises, and that they are often subject to uncertainty. I argue that the permissibility of uncertain wedding promises depends on whether the uncertainty stems from doubts about one’s own internal weakness of will and susceptibility to (...) temptation or from the expectation that external circumstances might change. I then explain why uncertainty is a prima facie challenge for unconditional wedding vows, and I offer a solution: rational wedding vows are unconditional in their content but implicitly conditional in their structure; the spouse pledges to act in certain ways unconditionally, so long as they remain in the spousal role. I respond to objections to my view (including Elizabeth Brake’s claim that the permissibility of unilateral divorce undermines an understanding of wedding vows as promises), and conclude with some suggestions about what marrying couples should do to ensure permissible pledges. (shrink)

Organizations have neither a right to the vote nor a weighty right to life. We need not enfranchise Goldman Sachs. We should feel few scruples in dissolving Standard Oil. But they are not without rights altogether. We can owe it to them to keep our promises. We can owe them debts of gratitude. Thus, we can owe some things to organizations. But we cannot owe them everything we can owe to people. They seem to have a peculiar, fragmented moral status. (...) What explains this? Individualistic views explain this in terms of individualistic notions alone. Such notions don’t invoke any distinctive features of organizations. They just invoke the features of individual members of organizations. Collectivistic views, instead, explain this in terms of collective notions alone. Such notions don’t invoke the features of individual members of organizations. They just invoke the features of those organizations. We argue that neither approach works. Instead, one needs to synthesize the two approaches. Some individual interests, we think, are distinctively collective. We, as individuals, have a distinctive interest in playing a part in successful collective action. From this, so we argue, flows the apparently peculiar, fragmented moral status of organizations. (shrink)

Unlike natural-born citizens, many immigrants have agreed to undertake political obligations. Many have sworn oaths of allegiance. Many, when they entered their adopted country, promised to obey the law. This paper is about these agreements. First, it’s about their validity. Do they actually confer political obligations? Second, it’s about their justifiability. Is it permissible to get immigrants to undertake such political obligations? Our answers are ‘usually yes’ and ‘probably not’ respectively. We first argue that these agreements give immigrants political obligations. (...) We then argue that getting immigrants to undertake such obligations is morally wrong. This is because it makes immigrants’ political obligations more burdensome than those of natural-born citizens. We conclude that the practice of getting immigrants to undertake such obligations should be abolished. (shrink)

What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...) so-called practical intimacy that holds between individuals when they act together. The final section addresses a challenge to the shared agency approach posed by legal wronging in tort law. (shrink)

This paper argues that promises are proposals in joint practical deliberation, the activity of deciding together what to do. More precisely: to promise to ϕ is to propose (in a particular way) to decide together with your addressee(s) that you will ϕ. I defend this deliberative theory by showing that the activity of joint practical deliberation naturally gives rise to a speech act with exactly the same properties as promises. A certain kind of proposal to make a joint decision regarding (...) one's own actions turns out to have the very same normative effects, under the very same conditions, as a promise. I submit that this cannot be a coincidence: we should conclude that promises and the relevant kind of proposals in joint practical deliberation are one and the same. (shrink)

I argue for an account of the vulnerability of trust, as a product of our need for secure social attachments to individuals and to a group. This account seeks to explain why it is true that, when we trust or distrust someone, we are susceptible to being betrayed by them, rather than merely disappointed or frustrated in our goals. What we are concerned about in matters of trust is, at the basic level, whether we matter, in a non-instrumental way, to (...) that individual, or to the group of which they are a member. We have this concern as a result of a drive to form secure social attachments. This makes us vulnerable in the characteristic way of being susceptible to betrayal, because how the other acts in such matters can demonstrate our lack of worth to them, or to the group, thereby threatening the security of our attachment, and eliciting the reactive attitudes characteristic of betrayal. (shrink)

I explore the debate about whether consequentialist theories can adequately accommodate the moral force of promissory obligation. I outline a straightforward act consequentialist account grounded in the value of satisfying expectations, and raise and assess three objections to this account: that it counterintuitively predicts that certain promises should be broken when commonsense morality insists that they should be kept, that the account is circular, and Michael Cholbi’s argument that this account problematically implies that promise-making is frequently obligatory. I then discuss (...) alternative act consequentialist accounts, including Philip Pettit’s suggestion that promise-keeping is an intrinsic good and Michael Smith’s agent-relative account. I outline Brad Hooker’s rule consequentialist account of promissory obligation and raise a challenge for it. I conclude that appeals to intuitions about cases will not settle the dispute, and that consequentialists and their critics must instead engage in substantive debate about the nature and stringency of promissory obligation. (shrink)

This paper will focus on a philosophically significant construction whose semantics brings together two important notions in Kit Fine’s philosophy, the notion of truthmaking and the notion of a variable embodiment, or its extension, namely what I call a ‘variable object’. This is the construction of definite NPs like 'the number of people that can fit into the bus', 'the book John needs to write', and 'the gifted mathematician John claims to be'. Such NPs are analysed as standing for variable (...) objects, which are part of the 'shallow', construction-driven ontology of natural language, yet are real. (shrink)

Philosophers have long argued that duties to oneself are paradoxical, as they seem to entail an incoherent power to release oneself from obligations. I argue that self-release is possible, both as a matter of deontic logic and of metaethics.

Associative duties are agent-centered duties to give defeasible moral priority to our special ties. Our strongest associative duties are to close friends and family. According to reductionists, our associative duties are just special duties—i.e., duties arising from what I have done to others, or what others have done to me. These include duties to abide by promises and contracts, compensate our benefactors in ways expressing gratitude, and aid those whom we have made especially vulnerable to our conduct. I argue, though, (...) that reductionism faces a problem: special duties are not strong enough to account for the strength of our associative duties. At the bar of associative duties, we are required to do what no special duty can warrant. I then present an alternative reductionist analysis of associative duties—the ‘Identity-Enactment Account’—which not only accounts for the peculiar strength of our associative duties, but also characterizes them in an intuitively compelling way. On this account, our strongest associative duties are special duties to protect or promote the welfare of the duty’s beneficiary by adopting and enacting a practical identity in which the duty’s beneficiary features prominently. There are persons who can legitimately demand a prominent place in our mental lives, for the protection and intimacy it affords. They can, in effect, legitimately demand to be among our nearest and dearest. The correlative of such a demand is, on our part, an associative duty we have toward them. (shrink)

In addition to protecting agents’ autonomy, consent plays a crucial social role: it enables agents to secure partners in valuable interactions that would be prohibitively morally risk otherwise. To do this, consent must be observable: agents must be able to track the facts about whether they have received a consent-based permission. I argue that this morally justifies a consent-practice on which communicating that one consents is sufficient for consent, but also generates robust constraints on what sorts of behaviors can be (...) taken as consent- communicating. (shrink)

I argue that evidentialist ethics of belief requires believing in every promise, because any promise always has sufficient evidence. In order to combine evidentialism with ethics of belief, I distinguish two belief-like propositional attitudes. The first is categorical belief, which I call “opinion,” the second is quantitative belief, which I call “credence.” I accept doxastic voluntarism about opinions, and doxastic involuntarism about credences. Opinion has two values—affirmative and negative—and the subject has control over which one to choose. Credence can have (...) any value between 0 and 1; it is formed solely on the basis of the available evidence, and the subject has no control over it. The requirement of evidentialist ethics of belief is that one should have opinion that p when his credence that p is between 0.5 and 1, and opinion that ¬p when the credence is below 0.5. My main argument has two premises. The first premise is that if one accepts a promise, then his credence that “the promise will be fulfilled” is higher than 0.5. The second premise claims that nothing can decrease that credence. The main explanation for the second premise is that any potential evidence against the fulfillment of the promise turns out to be evidence against its validity, not the evidence against the propositional content of the credence. The final conclusion is that if an evidentialist accepts a promise, then he should always have the opinion that “the promise will be fulfilled,” i.e., always believe in the promise. (shrink)

I outline four conditions on permissible promise-making: the promise must be for a morally permissible end, must not be deceptive, must be in good faith, and must involve a realistic assessment of oneself. I then address whether promises that you are uncertain you can keep can meet these four criteria, with a focus on campaign promises as an illustrative example. I argue that uncertain promises can meet the first two criteria, but that whether they can meet the second two depends (...) on the source of the promisor's uncertainty. External uncertainty stemming from outside factors is unproblematic, but internal uncertainty stemming from the promisor's doubts about her own strength leads to promises that are in bad faith or unrealistic. I conclude that campaign promises are often subject to internal uncertainty and are therefore morally impermissible to make, all else being equal. (shrink)

The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In all these cases, (...) however, the procedural characteristics of promises, especially in conditional promises, as well as the promises in contractual relations, persists. In our analysis we wish to show that the consistent conception of promise has to take into account a step of acceptance. The outcome of this approach relativizes a strong distinction between promise and offer. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

The second essay of Nietzsche's Genealogy of Morality (GM) offers a naturalistic and developmental account of the emergence of conscience, a faculty uniquely responsive to remembering and honoring obligations. This article attempts to solve an interpretive puzzle that is invited by the second essay's explanation of nonmoral obligation, prior to the capacity to feel guilt. Ostensibly, Nietzsche argues that the conscience and our concept of obligation originated within contractual (“creditor-debtor”) relations, when creditors punished delinquent debtors (GM II:5). However, this interpretation, (...) which I call the contractualist reading, is incoherent and subject to an insoluble bootstrapping problem. I argue instead that Nietzsche provides two accounts of nonmoral obligation in the second essay, and that the conscience originated in the morality of custom to track rule prohibitions (“I will nots” [GM II:3]), which Nietzsche conceives of as involuntary or reciprocal obligations that, unlike contractual debts, do not require the making of promises. (shrink)

Le présent ouvrage fait suite aux deux précédents volumes de l’auteur : (2015) Droit des affaires en Afrique subsaharienne et économie planétaire, et (2016) : Démocratie électorale en Afrique subsaharienne Entre droit, pouvoir et argent, publiés par les Éditions Globethics. Bien que Pascal Mukonde convoque le thème du contrat du point de vue strictement juridique et dans le contexte du droit africain en RD. Congo, sur une ligne de recherche systématique (p.75), nous souhaitons mentionner comme préliminaire, la place de l’éthique (...) vis-à-vis des concepts juridiques, dans ce livre centré sur la notion de contrat. Le contrat est en effet un concept central dans l’histoire de la philosophie, partagé entre les normes du droit et un type de collaboration politique. Il est intéressant de comparer la valeur éthique du concept de partenariat, dans l’expression « contrat de partenariat », que nous mettons par hypothèse en rapport avec une finalité de développement, car parmi les risques d’un contrat de partenariat, en particulier entre le public et le privé, il n’est pas seulement question de risques économiques : il y a aussi celui éthique de réputation, par exemple lorsqu’il y a corruption des agents (cf. ci-dessous p. 130), c’est-à-dire des obstacles au développement liés au caractère non transparent des pratiques. (shrink)

It’s possible to accept or to reject a promise. According to a new proposal by Abraham Roth, accepting a promise involves intending that the promisee perform the promised action. According to Roth, this view is supported by rational symmetries between promissory acceptance and intention. Here, I show how these symmetries actually generate two problems for the view.

What is a normative reason for acting? In this paper, I introduce and defend a novel answer to this question. The starting-point is the view that reasons are right-makers. By exploring difficulties facing it, I arrive at an alternative, according to which reasons are evidence of respects in which it is right to perform an act, for example, that it keeps a promise. This is similar to the proposal that reasons for a person to act are evidence that she ought (...) to do so; however, as I explain, it differs from that proposal in two significant ways. As a result, I argue, the evidence-based account of reasons I advance shares the advantages of its predecessor while avoiding many of the difficulties facing it. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)

An assurance theory of trust begins from the act of assurance – whether testimonial, advisorial or promissory – and explains trust as a cognate stance of resting assured. My version emphasizes the risks and rewards of trust. On trust’s rewards, I show how an assurance can give a reason to the addressee through a twofold exercise of ‘normative powers’: (i) the speaker thereby incurs an obligation to be sincere; (ii) if the speaker is trustworthy, she thereby gives her addressee the (...) reason. Each claim is controversial; my contribution lies in how I defend them together, linking the sincerity obligation to the provision of reasons. On trust’s risks, I defend a popular thesis about the nature of trust – that trust differs from mere reliance in how it risks betrayal – against the objection that the thesis ‘moralizes’ trust. Such betrayal need not be moral, I argue, because it may derive entirely from how the assurance purports to provide a reason. (shrink)

This thesis addresses philosophical problems concerning improper assertions. The first part considers the issue of defining lying: here, against a standard view, I argue that a lie need not intend to deceive the hearer. I define lying as an insincere assertion, and then resort to speech act theory to develop a detailed account of what an assertion is, and what can make it insincere. Even a sincere assertion, however, can be improper (e.g., it can be false, or unwarranted): in the (...) second part of the thesis, I consider these kinds of impropriety. An influential hypothesis maintains that proper assertions must meet a precise epistemic standard, and several philosophers have tried to identify this standard. After reviewing some difficulties for this approach, I provide an innovative solution to some known puzzles concerning the permissibility of false assertions. In my view, assertions purport to aim at truth, but they are not subject to a norm that requires speakers to assert a proposition only if it is true. (shrink)

This Article draws attention to a conceptual point that has been overlooked in recent discussions about the theoretical foundations of contract law. I argue that, rather than enforcing the obligations of promises, contract law concerns complaints against promissory wrongs. This conceptual distinction is easy to miss. If one assumes that complaints arise whenever an obligation has been violated, then the distinction does not seem meaningful. I show, however, that an obligation can be breached without giving rise to a valid complaint. (...) This Article illustrates the importance of this conceptual distinction by focusing first on the doctrine of substantive unconscionability. I claim that the doctrine can be best explained by the way in which a party who engages in exploitative behavior may lose her moral standing to complain. It is because such a party has lost her moral standing to complain that the law, through unconscionability doctrine, bars her from bringing a legal complaint. This explanation avoids the oft-issued charge of paternalism and it also offers benefits over an alternative state-oriented account developed recently by Seana Shiffrin. Using the conceptual distinction behind this account of unconscionability, this Article further argues that recent theoretical debates about the relationship between contract law and morality have been largely misconceived. Those debates have focused on whether contract law and morality impose parallel obligations. Once one appreciates the difference between imposing obligations and recognizing complaints, the comparison looks quite different. Contract law recognizes valid complaints against broken promises, much as morality recognizes moral complaints. (shrink)

This paper is divided into two parts. In the first part, I extend the traditional definition of lying to illocutionary acts executed by means of explicit performatives, focusing on promising. This is achieved in two steps. First, I discuss how the utterance of a sentence containing an explicit performative such as “I promise that Φ ” can count as an assertion of its content Φ . Second, I develop a general account of insincerity meant to explain under which conditions a (...) given illocutionary act can be insincere, and show how this applies to promises. I conclude that a promise to Φ is insincere (and consequently a lie) only if the speaker intends not to Φ , or believes that he will not Φ , or both. In the second part, I test the proposed definition of lying by promising against the intuitions of ordinary language speakers. The results show that, unlike alternative accounts, the proposed definition makes the correct predictions in the cases tested. Furthermore, these results challenge the following necessary conditions for telling a lie with content p: that you have to assert p directly; that you have to believe that p be false; that p must be false; that you must aim to deceive the addressee into believing that p. (shrink)

This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. (...) There is also consideration of the parallel case of ‘wicked commands’. (shrink)

Hume seems to contend that you can’t get an ought from an is. Searle professed to prove otherwise, deriving a conclusion about obligations from a premise about promises. Since (as Schurz and I have shown) you can’t derive a substantive ought from an is by logic alone, Searle is best construed as claiming that there are analytic bridge principles linking premises about promises to conclusions about obligations. But we can no more derive a moral obligation to pay up from the (...) fact that a promise has been made than we can derive a duty to fight a duel from the fact that a challenge has been issued – just conclusions about what we ought to do according to the rules of the relevant games. Hume suggests bridge principles that would take us from the rules of the games to conclusions about duties, but these principles are false. My argument features an obstreperous earl, an anarchist philosopher and a dueling Prime Minister. (shrink)

Accepting a promise is normatively significant in that it helps to secure promissory obligation. But what is it for B to accept A’s promise to φ? It is in part for B to intend A’s φ-ing. Thinking of acceptance in this way allows us to appeal to the distinctive role of intentions in practical reasoning and action to better understand the agency exercised by the promisee. The proposal also accounts for rational constraints on acceptance, and the so-called directedness of promissory (...) obligation. Finally, the proposal, conjoined with Cognitivism about intentions, addresses recent criticism of Scanlon’s expectation-based view of promissory obligation. (shrink)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...) for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

This Article describes a jurisprudential puzzle—what I call the puzzle of the beneficiary’s bargain—and contends that adequately resolving this puzzle will require significant revisions to basic premises of contract law. The puzzle arises when one party enters into two contracts requiring the same performance, and the promisee of the second contract is the third-party beneficiary of the first. For example, a taxi driver contracts with a woman to transport her parents from the airport next week, and then the driver separately (...) enters a contract with the parents to transport them when the time comes. Is the second contract valid and enforceable, or does it fail for lack of consideration? This specific question—on which courts have split—implicates several important contract law doctrines. Moreover, it highlights a deep tension in our modern understanding of contractual obligation. This Article argues that adequately resolving the puzzle necessitates a general reconsideration of the relationship between rights and liability in contract law. Surprisingly, the best solution requires abandoning the foundational understanding that contract liability arises out of breach of a promisee’s right to performance. The puzzle thus offers a lens through which to examine—and even revise—the central concepts of modern contract law. (shrink)

We maintain that in many contexts promising to try is expressive of responsibility as a promiser. This morally significant application of promising to try speaks in favor of the view that responsible promisers favor evidentialism about promises. Contra Berislav Marušić, we contend that responsible promisers typically withdraw from promising to act and instead promise to try, in circumstances in which they recognize that there is a significant chance that they will not succeed.

I aim to understand how the act of becoming an organ donor impacts whether it is permissible for a family veto to override an individual’s wish to donate. I argue that a Consent Model does not capture the right understanding of donor autonomy. I then assess a Gift Model and a Promise Model, arguing that both fail to capture important data about the ability to revoke one’s donor status. I then propose a Promise Acceptance Model, which construes becoming an organ (...) donor as accepting a promise the state makes to you to use your organs. This model, which implies that family vetoes are impermissible, captures the data other models struggle to accommodate. (shrink)

In this paper, I show where Adolf Reinach comes down on the question of conflicts of obligation. The aim is to look at whether Reinach’s phenomenological realism of obligation holds its own against positions developed by Bernard Williams concerning the nature and import of obligations, and their capacity or incapacity to impinge upon each other and other moral and non-moral concerns. It is shown that even if Reinach turns out to succumb to pitfalls Williams identifies, he nonetheless verges upon agreement (...) with Williams in more ways than one might expect. This result is significant because it shows that Reinach’s phenomenological realism, in contrast to certain forms of moral realism, lays the foundations for what can be considered a heterontology of obligation and ethical concerns, which is presupposed by the experience of (moral) conflict in the first place. (shrink)

There has been some debate as to whether or not it is possible to keep a promise, and thus fulfil a duty, to supererogate. In this paper, I argue, in agreement with Jason Kawall, that such promises cannot be kept. However, I disagree with Kawall’s diagnosis of the problem and provide an alternative account. In the first section, I examine the debate between Kawall and David Heyd, who rejects Kawall’s claim that promises to supererogate cannot be kept. I disagree with (...) Heyd’s argument, as it fails to get to the heart of the problem Kawall articulates. Kawall’s argument however fails to make clear the problem with promising to supererogate because his discussion relies on the plausibility of the following claim: that supererogatory actions cannot also fulfil obligations. I argue that this view is mistaken because there are clear examples of supererogatory actions that also fulfil obligations. In the final section, I give my alternative account of the problem, identifying exactly what is wrong with fulfilling a duty, and thus keeping a promise, to supererogate. My diagnosis emphasises the importance of identifying non-supererogatory actions when it comes to understanding the way in which supererogatory actions go above and beyond the call of duty. (shrink)

Utilitarians are supposed to have difficulty accounting for our obligation to keep promises. But utilitarians also face difficulties concerning our obligation to make promises. Consider any situation in which the options available to me are acts A, B, C… n, and A is utility maximizing. Call A+ the course of action consisting of A plus my promising to perform A. Since there appear to be a wide range of instances in which A+ has greater net utility then A, utilitarianism obligates (...) us to make far more promises than even the most expansive views concerning our obligations to make promises would acknowledge. (shrink)

Why is consent revocable? In other words, why must we respect someone's present dissent at the expense of her past consent? This essay argues against act-based explanations and in favor of a rule-based explanation. A rule prioritizing present consent will serve our interests the best, in light of our interests in having flexibility over our consent and in minimizing the possibility of error in people's judgments about whether we consent.

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

Ethical oaths for bankers, economists and managers are increasingly seen as successful instruments to ensure more responsible behaviour. In this article, we reflect on the nature of ethical oaths. Based on John Austin's speech act theory and the work of Emmanuel Levinas, we introduce a performative concept of ethical oaths that is characterised by (1) the existential self-performative of the one I want to be, which is (2) demanded by the public context. Because ethical oaths are (3) structurally threatened by (...) the possibility of infelicity or failure, we stress (4) the behavioural aspect of ethical oaths in economics and business. We conclude that a performative concept of ethical oaths can contribute to more ethical behaviour in economics and business, because the performative involves action and behaviour. At the same time, it becomes clear that a radical new perspective on the nature, function and limitation of oaths is needed. (shrink)

This paper argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model – as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you (...) make a promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)