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  1. Promising, Conventionalism, and Intimate Relationships.Seana Valentine Shiffrin - 2008 - Philosophical Review 117 (4):481-524.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...)
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  • Promising, Intimate Relationships, and Conventionalism.Seana Valentine Shiffrin - 2008 - Philosophical Review 117 (4):481-524.
    The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...)
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  • Brand as Promise.Vikram R. Bhargava & Suneal Bedi - 2022 - Journal of Business Ethics 179 (3):919-936.
    Brands are widely regarded as a constellation of shared associations surrounding a company and its offerings. On the traditional view of brands, these associations are regarded as perceptions and attitudes in consumers’ minds in relation to a company. We argue that this traditional framing of brands faces an explanatory problem: the inability to satisfactorily explain why certain branding activism initiatives elicit the moralized reactive attitudes that are paradigmatic responses to wrongdoing. In this paper, we argue for a reframing of brands (...)
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  • Accepting Forgiveness.Jeffrey S. Helmreich - 2022 - The Journal of Ethics 26 (1):1-25.
    Forgiving wrongdoers who neither apologized, nor sought to make amends in any way, is controversial. Even defenders of the practice agree with critics that such “unilateral” forgiveness involves giving up on the meaningful redress that victims otherwise justifiably demand from their wrongdoers: apology, reparations, repentance, and so on. Against that view, I argue here that when a victim of wrongdoing sets out to grant forgiveness to her offender, and he in turn accepts her forgiveness, he thereby serves some important ends (...)
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  • What Is Conventionalism About Moral Rights and Duties?Katharina Nieswandt - 2019 - Australasian Journal of Philosophy 97 (1):15-28.
    ABSTRACTA 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 (...)
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  • Sľuby a procedúry (The Promises and Procedures).Vladimir Marko - 2019 - Filozofia 74 (9):735-753.
    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, (...)
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  • The Problem with Sexual Promises.Hallie Liberto - 2017 - Ethics 127 (2):383-414.
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  • Testimony and Assertion.David Owens - 2006 - Philosophical Studies 130 (1):105-129.
    Two models of assertion are described and their epistemological implications considered. The assurance model draws a parallel between the ethical norms surrounding promising and the epistemic norms which facilitate the transmission of testimonial knowledge. This model is rejected in favour of the view that assertion transmits knowledge by expressing belief. I go on to compare the epistemology of testimony with the epistemology of memory.
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  • Philosophy of Contract Law.Daniel Markovits & Emad Atiq - 2021 - Stanford Encyclopedia of Philosophy.
    The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...)
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  • Promising - Part 2.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise , and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short of explaining the promissory (...)
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  • Promising ‐ Part 2.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):842-851.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise, and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. In part 1, I showed that two main views of promising which attempt to solve these problems fall short of explaining the promissory obligation (...)
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  • Promising-Part 1.Ulrike Heuer - 2012 - Philosophy Compass 7 (12):832-841.
    The explanation of promising is fraught with problems. In particular the problem that promises can be valid even when nothing good comes of keeping the promise , and the bootstrapping problem with explaining how the mere intention to put oneself under an obligation can create such an obligation have been recognized since Hume’s famous discussion of the topic. There are two influential accounts of promising, and promissory obligation, which attempt to solve the problems: The expectation account and the practice account. (...)
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  • Rationalism About Obligation.David Owens - unknown
    In our thinking about what to do, we consider reasons which count for or against various courses of action. That having a glass of wine with dinner would be pleasant and make me sociable recommends the wine. That it will disturb my sleep and inhibit this evening’s work counts against it. I determine what I ought to do by weighing these considerations and deciding what would be best all things considered. A practical reason makes sense of a course of action (...)
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  • Duress, Deception, and the Validity of a Promise.David Owens - 2007 - Mind 116 (462):293-315.
    An invalid promise is one whose breach does not wrong the promisee. I describe two different accounts of why duress and deception invalidate promises. According to the fault account duress and deception invalidate a promise just when it was wrong for the promisee to induce the promisor to promise in that way. According to the injury account, duress and deception invalidate a promise just when by inducing the promise in that way the promisee wrongs the promisor. I demonstrate that the (...)
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  • Collectives’ and Individuals’ Obligations: A Parity Argument.Stephanie Collins & Holly Lawford-Smith - 2016 - Canadian Journal of Philosophy 46 (1):38-58.
    Individuals have various kinds of obligations: keep promises, don’t cause harm, return benefits received from injustices, be partial to loved ones, help the needy and so on. How does this work for group agents? There are two questions here. The first is whether groups can bear the same kinds of obligations as individuals. The second is whether groups’ pro tanto obligations plug into what they all-things-considered ought to do to the same degree that individuals’ pro tanto obligations plug into what (...)
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  • Promises and Conflicting Obligations.David Owens - 2016 - Journal of Ethics and Social Philosophy 11 (1):93-108.
    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. (...)
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  • Promises, Rights and Claims.David Alm - 2011 - Law and Philosophy 30 (1):51-76.
    The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.
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  • Promising Ourselves, Promising Others.Jorah Dannenberg - 2015 - The Journal of Ethics 19 (2):159-183.
    Promising ourselves is familiar, yet some find it philosophically troubling. Though most of us take the promises we make ourselves seriously, it can seem mysterious how a promise made only to oneself could genuinely bind. Moreover, the desire to be bound by a promise to oneself may seem to expose an unflattering lack of trust in oneself. In this paper I aim to vindicate self-promising from these broadly skeptical concerns. Borrowing Nietzsche’s idea of a memory of the will, I suggest (...)
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  • The Duty to Object.Jennifer Lackey - 2018 - Philosophy and Phenomenological Research 101 (1):35-60.
    Philosophy and Phenomenological Research, EarlyView.
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  • Promises as Proposals in Joint Practical Deliberation.Brendan de Kenessey - 2020 - Noûs.
    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 (...)
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  • The Power to Promise Oneself.Kyle Fruh - 2014 - Southern Journal of Philosophy 52 (1):61-85.
    Considerable attention has been devoted to the peculiar obligating force of interpersonal promises. But paradigmatic promising is not an orphan in the family of our moral concepts, and the focus on interpersonal promises has overshadowed sibling phenomena that any account of promises should also cover. I examine the case of single-party promises and argue, against the prevailing view, that we have good reason to take the phenomenon of making promises to oneself seriously. This supports what I call ‘the breadth criterion’: (...)
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  • Do We Have Normative Powers?Ruth Chang - 2020 - Aristotelian Society Supplementary Volume 94 (1):275-300.
    ‘Normative powers’ are capacities to create normative reasons by our willing or say-so. They are significant, because if we have them and exercise them, then sometimes the reasons we have are ‘up to us’. But such powers seem mysterious. How can we, by willing, create reasons? In this paper, I examine whether normative powers can be adequately explained normatively, by appeal to norms of a practice, normative principles, human interests, or values. Can normative explanations of normative powers explain how an (...)
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  • Promises, Obligation, and Reliance.Alexander Heape - 2022 - Philosophy and Phenomenological Research 104 (1):150-170.
    Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 150-170, January 2022.
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  • Yes Means Yes: Consent as Communication.Tom Dougherty - 2015 - Philosophy and Public Affairs 43 (3):224-253.
  • A New Conventionalist Theory of Promising.Erin Taylor - 2013 - Australasian Journal of Philosophy 91 (4):667-682.
    Conventionalists about promising believe that it is wrong to break a promise because the promisor takes advantage of a useful social convention only to fail to do his part in maintaining it. Anti-conventionalists claim that the wrong of breaking a promise has nothing essentially to do with a social convention. Anti-conventionalists are right that the social convention is not necessary to explain the wrong of breaking most promises. But conventionalists are right that the convention plays an essential role in any (...)
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  • Promises as Proposals in Joint Practical Deliberation.Brendan Kenessey - 2020 - Noûs 54 (1):204-232.
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  • Contract Rights and Remedies, and the Divergence Between Law and Morality.Brian H. Bix - 2008 - Ratio Juris 21 (2):194-211.
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  • How to Be Trustworthy, by Katherine Hawley Oxford: Oxford University Press, 2019, Vii + 151 Pp. ISBN 978‐0‐19‐884390‐0. [REVIEW]Rachel Fraser - 2020 - European Journal of Philosophy 28 (2):533-536.
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  • Hume’s Practice Theory of Promises and its Dissimilar Descendants.Rachel Cohon - 2020 - Synthese 199 (1-2):617-635.
    Why do we have a moral duty to fulfill promises? Hume offers what today is called a practice theory of the obligation of promises: he explains it by appeal to a social convention. His view has inspired more recent practice theories. All practice theories, including Hume’s, are assumed by contemporary philosophers to have a certain normative structure, in which the obligation to fulfill a promise is warranted or justified by a more fundamental moral purpose that is served by the social (...)
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  • Expectations and Obligations.Matej Cibik - 2018 - Ethical Theory and Moral Practice 21 (5):1079-1090.
    Ever since the publication of Scanlon’s Promises and Practices and What We Owe to Each Other, expectations have become an important topic within discussions on promises. However, confining the role of expectations to promises does not do justice to their importance in creating obligations more generally. This paper argues that expectations are one of the major sources of obligations created within our personal relationships. What we owe to our friends, partners, or siblings very often follows neither from the duties associated (...)
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  • Social Ontology and Social Normativity.Brian Donohue - 2020 - Dissertation, University at Buffalo
    Many recent accounts of the ontology of groups, institutions, and practices have touched upon the normative or deontic dimensions of social reality (e.g., social obligations, claims, permissions, prohibitions, authority, and immunity), as distinct from any specifically moral values or obligations. For the most part, however, the ontology of such socio-deontic phenomena has not received the attention it deserves. In what sense might a social obligation or a claim exist? What is the ontological status of such an obligation (e.g., is it (...)
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  • Intention, Expectation, and Promissory Obligation.Abraham Sesshu Roth - 2016 - Ethics 127 (1):88-115.
    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 (...)
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  • Rights and Virtues: The Groundwork of a Virtue-Based Theory of Rights.Ondřej Micka - 2018 - Dissertation, University of Glasgow
    The dissertation investigates whether virtue ethics can provide the normative ground for the justification of rights. Most justificatory accounts of rights consist in different explanations of the function of rights. On the view I will defend, rights have a plurality of functions and one of the main functions of rights is to make the right-holder more virtuous. The idea that the possession of rights leads to the development of virtues, called the function of virtue acquisition, is the core of a (...)
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  • Promises and the Backward Reach of Uptake.Hallie Liberto - 2018 - American Philosophical Quarterly 55 (1):15-26.
    I present a set of cases that pose problems for existing theories of promissory uptake. These cases involve a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; a delay or absence of agency on the part of the promisee—making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and the promise is made to someone, de dicto—that is, the person who will be the (...)
     
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  • The Normative Force of Promising.Jack Woods - 2016 - Oxford Studies in Normative Ethics 6:77-101.
    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 (...)
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  • Blurred Promises: Ethical Consequences of Fine Print Policies in Insurance. [REVIEW]Øyvind Kvalnes - 2011 - Journal of Business Ethics 103 (S1):77-86.
    The insurance industry’s practice of producing comprehensive insurance policies can have unforeseen and negative ethical consequences. Insurance policies express promises from the insurer to the insured, to the effect that the insurer should be trusted to appropriately assist the insured in case of accident. The relation is seriously undermined when the content of the promise is blurred, containing clauses and condition which are ambiguous or hidden in fine print. This paper contains an investigation of (1) the sources of the fine (...)
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  • On Practices and the Law.Mark Greenberg - 2006 - Legal Theory 12 (2):113-136.
    In a recent paper, I launch an attack on a fundamental doctrine of legal positivism. I argue that nonnormative facts cannot themselves constitutively determine the content of the law. In a response published in this journal, Ram Neta defends the view that nonnormative social facts are sufficient to determine normative facts, including both moral and legal facts. Neta's paper provides a useful opportunity to address a spelled-out version of this view, which in various forms is widely held in philosophy of (...)
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  • Deference as a Normative Power.Andrea C. Westlund - 2013 - Philosophical Studies 166 (3):455-474.
    Much of the literature on practical authority concerns the authority of the state over its subjects—authority to which we are, as G. E. M. Anscombe says, subject “willy nilly”. Yet many of our “willy” (or voluntary) relationships also seem to involve the exercise of practical authority, and this species of authority is in some ways even more puzzling than authority willy nilly. In this paper I argue that voluntary authority relies on a form of voluntary obligation that is akin (in (...)
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  • Promise as Practice Reason.Hanoch Sheinman - 2008 - Acta Analytica 23 (4):287-318.
    To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...)
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  • Intentions: Past, Present, Future.Matthew Noah Smith - 2017 - Philosophical Explorations 20 (sup2):1-12.
    Intentions have been a central subject of research since contemporary philosophy of action emerged in the middle of the twentieth century. For almost that entire period, the approach has been to treat the study of intentions as separate from the study of morality. This essay offers a brief overview of that history and then suggests some ways forward, as exemplified by the essays collected in this volume.
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  • Norms and Conventions.Nicholas Southwood & Lina Eriksson - 2011 - Philosophical Explorations 14 (2):195 - 217.
    What is the relation between norms (in the sense of ?socially accepted rules?) and conventions? A number of philosophers have suggested that there is some kind of conceptual or constitutive relation between them. Some hold that conventions are or entail special kinds of norms (the ?conventions-as-norms thesis?). Others hold that at least some norms are or entail special kinds of conventions (the ?norms-as-conventions thesis?). We argue that both theses are false. Norms and conventions are crucially different conceptually and functionally in (...)
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  • The Moral/Conventional Distinction.Nicholas Southwood - 2011 - Mind 120 (479):761-802.
  • Matters of Interpersonal Trust.Andrew Kirton - 2018 - Dissertation, University of Manchester
    This thesis defends an account of what it is to trust other people, and what gives matters of trust (i.e. situations where we trust/distrust others) a characteristic interpersonal, normative, or moral/ethical importance to us. In other words, it answers what the nature of betrayal (and being susceptible to betrayal) is. -/- Along the way I put forward/defend accounts of the following: the relationship between trust and reliance (chapter 4); an account of reliance itself (chapter 5); trust and distrust as one/two/three-place (...)
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  • On Hart's Category Mistake.Michael S. Green - 2013 - Legal Theory 19 (4):347-369.
    This essay concerns Scott Shapiro's criticism that H.L.A. Hart's theory of law suffers from a Although other philosophers of law have summarily dismissed Shapiro's criticism, I argue that it identifies an important requirement for an adequate theory of law. Such a theory must explain why legal officials justify their actions by reference to abstract propositional entities, instead of pointing to the existence of social practices. A virtue of Shapiro's planning theory of law is that it can explain this phenomenon. Despite (...)
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  • Coercion, Fraud, and What is Wrong with Blackmail.Stephen Galoob - 2016 - Legal Theory 22 (1):22-58.
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