David Hume's Treatise of Human Nature, composed before the author was twenty-eight years old, was published in 1739 and 1740. In revising the late L.A. Selby-Bigge's edition of Hume's Treatise Professor Nidditch corrected verbal errors and took account of Hume's manuscript amendments. He also supplied the text of theof the Treatise following the original 1740 edition and provided an apparatus of variant readings.

In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other.

One of Hume's most well-known works and a masterpiece of philosophy, A Treatise of Human Nature is indubitably worth taking the time to read.

The unconscionability doctrine in contract law enables a court to decline to enforce a contract whose terms are seriously one-sided, exploitative, or otherwise manifestly unfair. It is often criticized for being paternalist. The essay argues that the characterization of unconscionability doctrine as paternalist reflects common but misleading thought about paternalism and obscures more important issues about autonomy and social connection. The defense responds to another criticism: that unconscionability doctrine is an inappropriate, because economically inefficient, egalitarian tool. The final part discusses (...) more interesting but neglected questions about the scope of accommodation necessary to support fully meaningful autonomous activity. (shrink)

My concern here is to motivate some theses in the philosophy of mind concerning the interpersonal character of intentions. I will do so by investigating aspects of shared agency. The main point will be that when acting together with others one must be able to act directly on the intention of another or others in a way that is relevantly similar to the manner in which an agent acts on his or her own intentions. What exactly this means will become (...) clearer once we understand what it is to act directly on one’s own intentions. But I take it to be a fundamental assumption of the prevailing individualism of the theory of action—one at the core of its conception of the separateness of individuals—that one person cannot act directly on another’s intention. I agree that there is an important way in which we are or can be separate and autonomous thinkers and agents. But the way the individualist tries to capture this separateness is misguided. (shrink)

My concern here is to motivate some theses in the philosophy of mind concerning the interpersonal character of intentions. I will do so by investigating aspects of shared agency. The main point will be that when acting together with others one must be able to act directly on the intention of another or others in a way that is relevantly similar to the manner in which an agent acts on his or her own intentions. What exactly this means will become (...) clearer once we understand what it is to act directly on one’s own intentions. But I take it to be a fundamental assumption of the prevailing individualism of the theory of action— one at the core of its conception of the separateness of individuals— that one person cannot act directly on another’s intention. I agree that there is an important way in which we are or can be separate and autonomous thinkers and agents. But the way the individualist tries to capture this separateness is misguided. (shrink)

Ranging over central issues of morals and politics and the nature of freedom and authority, this study examines the role of value-neutrality, rights, equality, ...

This is a critical analysis of T.M. Scanlon's contractualist account of promising and promissory obligation. After situating Scanlon's account within one of two broad schools of thought on promising (the 'perlocutionary' school) I argue that his account fails to overcome a fatal circularity that plagues all such theories of promise. I go on to argue that Scanlon's contractualist moral theory will support an alternative, non-perlocutionary theory of promise that is not susceptible to this logical difficulty.

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)

_ Convention_ was immediately recognized as a major contribution to the subject and its significance has remained undiminished since its first publication in 1969. Lewis analyzes social conventions as regularities in the resolution of recurring coordination problems-situations characterized by interdependent decision processes in which common interests are at stake. Conventions are contrasted with other kinds of regularity, and conventions governing systems of communication are given special attention.

Promising is clearly a social practice or convention. By uttering the formula, “I hereby promise to do X,” we can raise in others the expectation that we will in fact do X. But this succeeds only because there is a social practice that consists (inter alia) in a disposition on the part of promisers to do what they promise, and an expectation on the part of promisees that promisers will so behave. It is equally clear that, barring special circumstances of (...) some kind, it is morally wrong for promisers to fail to do what they have promised to do. What is perhaps less clear is how the moral wrongness that is involved when promises are broken is related to the social practice that makes promising possible in the first place. (shrink)

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This article offers a critique of Thomas Scanlon's well-known account of promissory obligation by reference to the rights of promisees. Scanlon's account invokes a moral principle, the "principle of fidelity". Now, corresponding to a promisor's obligation to perform is a promisee's right to performance. It is argued that one cannot account for this right in terms of Scanlon's principle. This is so in spite of a clause in the principle relating to the promisee's "consent", which might have been thought to (...) do the trick. Most likely this argument can be applied to all "moral principle" accounts of promissory obligation. An alternative both to these and to "social practice" accounts is needed. (shrink)

This handsome new edition of Stanley Cavell's landmark text, first published 20 years ago, provides a new preface that discusses the reception and influence of his work, which occupies a unique niche between philosophy and literary studies.

This reissue of an American philosophical classic includes a new preface by Cavell, in which he discusses the work's reception and influence. The work fosters a fascinating relationship between philosophy and literature both by augmenting his philosophical discussions with examples from literature and by applying philosophical theories to literary texts. Cavell also succeeds in drawing some very important parallels between the British analytic tradition and the continental tradition, by comparing skepticism as understood in Descartes, Hume, and Kant with philosophy of (...) language as practiced by Wittgenstein and Austin. (shrink)

Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...

The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.

This paper challenges the common assumption that an agreement is an exchange of promises. Proposing that the performance obligations of some typical agreements are simultaneous, interdependent, and unconditional, it argues that no promise-exchange has this structure of obligations. In addition to offering general considerations in support of this claim, it examines various types of promise-exchange, showing that none satisfy the criteria noted. Two forms of conditional promise are distinguished and both forms are discussed. A positive account of agreements as joint (...) decisions founded in a joint commitment is sketched. It is argued that the example agreements represent especially clearly the normative structure of social union. (shrink)

In his famous paper John Rawls outlines a version of utilitarianism that takes into account the existing criticism of the utilitarian approach. Author shows that the traditional objections expressed in relation to two test cases of utilitarianism — punishment and promise-keeping — are based on the misunderstanding of utilitarian position, because they don’t make a distinction between justifying a practice and justifying a particular action falling under it. In the case of punishment, there two justifications of it: the retributive view (...) that presupposes that punishment is justified on the grounds that wrongdoing merits punishment, and the utilitarian view that holds that punishment is justifiable only by reference to the probable consequences of maintaining it as one of the devices of the social order. According to the author, utilitarian arguments are appropriate with regard to questions about practices, while retributive arguments fit the application of particular rules to particular cases. In the case of promising, truly utilitarian approach presupposes that promisor must weigh not only the effects of breaking his/her promise on the particular case, but also the effect which his/her breaking promise will have on the practice itself. Author thinks that the distinction between justifying a practice and justifying a particular action falling under it was neglected not only by the critics, but by the utilitarians themselves, due to the prevalence of the summary view of the rules. Rawls suggests his own, practical conception of the rules, that presupposes that practices are prior to particular cases of their application. (shrink)