This chapter 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)

Normative powers like promising allow agents to effect changes to their reasons, permissions and rights by the means of communicative actions whose function is to effect just those changes. An attractive view of the normativity of such powers combines a non-reductive account of their bindingness with a value-based grounding story of why we have them. This value-based view of normative powers however invites a charge of wishful thinking: Is it not bad reasoning to think that we have a given power (...) because it would be good? In this article, I offer a defence of the value-based view of normative powers against this surprisingly under-discussed objection. First, I clarify the challenge by distinguishing between two components of normative powers, which I call the material and normative components, respectively. Secondly, I defend the form of normative explanation involved, showing that it is needed to give convincing value-based explanations for other important normative phenomena, especially rights of autonomy. (shrink)

One of the most common arguments in favour of the state's authority is that without the coordinating hand of political institutions, we could not achieve important moral benefits. I argue that if we understand authority correctly, then coordination cannot even in principle establish that coordinators have political authority.

Despite the importance of commitment for distinctively human forms of sociality, it remains unclear how people prioritize and evaluate their own and others’ commitments - especially implicit commitments. Across two sets of online studies, we found evidence in support of the hypothesis that people’s judgments and attitudes about implicit commitments are governed by an implicit sense of commitment, which is modulated by cues to others’ expectations, and by cues to the costs others have invested on the basis of those expectations.

This paper offers a critical assessment of the way the influential “conception of law as a shared activity” explains the normative component of law in general and legal obligation in particular. I argue that the conception provides a bipartite account of legal obligation: we have full-blooded legal obligation, carrying genuine practical force, and legal obligation in a perspectival sense, the purpose of which is not to engage with us in practical reasoning, but simply to state what we ought to do (...) if we should take the perspective of individuals subject to the jurisdiction of the legal system. This structural feature makes the whole account disjointed, giving it a lack of unity from which stem what I take to be its three main problems, namely, its limited scope, its failure to recognize the moral features of obligation when made to arise out of law as a shared activity, and its failure to illustrate the sense in which law is widely recognized to be a practical institution. (shrink)

En el presente trabajo se aborda el estudio del concepto de ‘sujeto constituyente’ y, más precisamente, la identificación y análisis de sus tres propiedades definitorias: la propia condición ‘constituyente’ y no ‘constituida’ del sujeto; la no-sujeción a deberes ni a límites jurídicos; y la autoatribución de una competencia normativa ‘originaria’. Partiendo de la premisa de que este concepto mantiene una relación necesaria con el concepto de ‘poder constituyente’, cada una de esas propiedades es estudiada bajo una perspectiva de análisis centrada (...) en el fenómeno de producción normativa ocasionado por la manifestación de dicho poder. Asimismo, en relación con cada propiedad analizada se identifican posibles argumentos en sentido contrario que problematizarían su postulación, y se ofrecen las correspondientes respuestas de cara a una labor de clarificación conceptual. Finalmente, se indican las razones que dan cuenta del carácter políticamente no comprometido de este presupuesto subjetivo del poder constituyente, bajo un punto de vista valorativamente neutral. (shrink)

Taking into account one of the meanings of the expression binding precedent and stipulating a definition for that meaning, this article aims to contribute to the concept's structural characterization. By this I mean the effort to identify the legal norms on which the existence and functioning of binding precedents depend and to show that these norms constitute a group of Hohfeldian legal relations between the courts whose precedents must be followed, the courts that must follow them, and the individuals whose (...) legal situations are as a result modified by the observance and the breach of those precedents. (shrink)

The four original papers and the critical comments on them gathered here are based on presentations given at the workshop, Reasons and Normativity: Themes from the Philosophy of Joseph Raz, which t...

This article challenges the orthodox explanation of the normative connection between contracting parties: The promisee is regarded as having a superior position vis‐à‐vis the promisor, a position manifesting itself in the promisee's authority or control over the promisor's performance, and supported, in particular, by the promisee's supposed power, or at least some sort of ability falling short of a normative power, to “waive” the promisor's duty of performance. The article demonstrates that this explanation is rooted in a one‐sided, and ultimately (...) wrong, understanding of correlativity in contractual relations and suggests a better understanding, one truly capable of accounting for contractual bilaterality. (shrink)

Philosophy and Phenomenological Research, EarlyView.

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 (...) some respects) to the kind of obligation one undertakes in making a promise. Voluntary authority depends, that is, on the possibility of taking on certain obligations more or less at will. It is generated through an interpersonal transaction that involves a directed act of deference, on one side, paired with appropriate uptake of that deference, on the other. Deference, in the relevant sense, should be understood as a normative power that is exercised when agents transfer deliberative discretion to others, undertaking directed obligations to treat others’ directives as content-independent and peremptory reasons. Voluntary authority, thus understood, is both grounded in and constrained by the equal moral authority or autonomy of the participants, since only autonomous agents have the standing to defer in a normatively significant way. (shrink)

ABSTRACTP.F. Strawson claimed that forgiveness is such an essential part of our moral practices that we could not extricate it from our form of life even if we so desired. But what is it about forgiveness that would make it such a central feature of our moral experience? In this paper, I suggest that the answer has to do with what I will call the normative significance of forgiveness. Forgiveness is normatively significant in the sense that, in its paradigmatic instances, (...) forgiving alters the operative norms bearing on the interaction between the victim and the wrongdoer in certain characteristic ways. My project here is, first, to clarify the ways that paradigmatic cases of forgiveness alter the norms of interaction between victim and wrongdoer and to argue that it is in this respect that forgiveness is a normatively significant feature of our moral responsibility practices. Second, I show that most extant theories of forgiveness fail to explain the characteristic ways in which forgiving alters norms. Th... (shrink)

Breaking a promise is generally taken to involve committing a certain kind of moral wrong, but what (if anything) explains this wrong? According to one influential theory that has been championed most recently by T.M. Scanlon, the wrong involved in breaking a promise is a matter of violating an obligation that one incurs to a promisee in virtue of giving her assurance that one will perform or refrain from performing certain acts. In this paper, we argue that the “Assurance View”, (...) as we call it, is susceptible to two kinds of counterexamples. The first show that giving assurance is not sufficient for incurring the kind of obligation of fulfillment that one violates in breaking a promise. The second show that giving assurance is not necessary. Having shown that the Assurance View fails in these ways, we then very briefly sketch the outline of what we take to be a better view—a view that we claim is not only attractive in its own right and that avoids the earlier counterexamples, but that also affords us a deeper explanation of why the Assurance View seems initially plausible, yet nonetheless turns out to be ultimately inadequate. (shrink)

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 (...) instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer. I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

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 instincts, (...) including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer.I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

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 (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

The present paper constitutes a critique of David Alm’s article “Punishment, Consent and Value”, in which it is argued that the consensual theory of punishment defended by C. S. Nino is false. Whilst Alm believes that this theory is grounded on an inadequate model of normative relations, here I will defend the hypothesis that such an assessment derives from an insufficient conception of human value and respect.

Given John L. Austin’s Oxonian pedigree, we should expect his discussion of how “to say something is to do something” (1962, 12) to be taken up analytically. However, Austin also offers resources that have been exploited outside of traditional analytic philosophy—think of certain analytic feminist work, for example, or literary critical uses of performativity. For the most part, such work extends and inflects Austin’s notion of illocution and its related concepts of force and performativity for disciplinary-specific ends. This tendency in (...) reading Austin to focus on illocution and its related concepts is understandable. After all, Austin devotes most of his Harvard lectures, assembled in How to Do Things .. (shrink)

The notion of ‘bipolar’ or ‘second‐personal’ normativity is often illustrated by such situations as that of one person addressing a complaint to another, or asserting some right, or claiming some authority. This paper argues that the presence of speech acts of various kinds in the development of the idea of the ‘second‐personal’ is not accidental. Through development of a notion of ‘illocutionary authority’ I seek to show a role for the ‘second‐personal’ in ordinary testimony, despite Darwall's argument that the notion (...) of the ‘second‐personal’ marks a divide between practical and theoretical reason. (shrink)

Mark Greenberg argues that legal obligations are those moral obligations created by the actions of legal institutions in the legally proper way. Here I defend three main claims. First, I argue that, although very often misunderstood, Joseph Raz is also a defender of MITL. Secondly, I argue that while both Greenberg and Raz are committed to MITL, they disagree about the conditions under which a moral obligation can be said to be created in the legally proper way. Finally, I argue (...) that Raz’s variant of MITL is better than Greenberg’s. It rests on a more plausible account of authority and it avoids one of the crucial defects threatening Greenberg’s view, namely, its overinclusiveness. (shrink)

This article argues that the dominant “nonconventionalist” theories of promising cannot account for the moral impact of two basic commercial practices: the transfer of contractual rights and the discharge of contractual debt in bankruptcy. In particular, nonconventionalism’s insensitivity to certain features of social context precludes it from registering the moral significance of these social phenomena. As prelude, I demonstrate that Seana Shiffrin’s influential position concerning the divergence between promise and contract commits her to impugning these features of the modern economy. (...) Finally, I examine the importance of promising for friendship and why we resist the commodification of promissory rights in this domain. (shrink)

Journal of Social Philosophy, EarlyView.

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)

Moral theories often issue general principles that explain our moral judgments in terms of underlying moral considerations. But it is unclear whether the general principles have an explanatory role beyond the underlying moral considerations. In order to avoid the redundancy of their principles, two-level theories issue principles that appear to generalize beyond the considerations that ground them. In doing so, the principles appear to overgeneralize. The problem is conspicuous in the case of contractualism, which proposes that moral principles are grounded (...) in generic reasons that operate in only a subset of the cases covered by the relevant principle. Arguments that motivate the use of generic reasons on the basis of guidance, institutional necessity, or fairness are unsatisfactory. But the generality of moral principles can be justified in terms of the idea of a generic interest, which is an interest that all occupants of a standpoint have in virtue of what occupants of the standpoint as such typically take an interest in. The notion of a generic interest therefore acknowledges a distinction between having and taking an interest, and its use in moral theory is a way of giving expression to the significance of autonomy. This is reminiscent of the idea of a normative power; but the idea of a generic interest is less expensive and makes better sense of the way in which autonomy features in our moral lives. (shrink)

Philosophy and Phenomenological Research, Volume 104, Issue 1, Page 150-170, January 2022.

The essay considers what respect demands and what trust demands when one person trusts another. What respect requires in responding to trust is substantial but limited, ranging from the sharply proscriptive to the mildly prescriptive. What trust requires is, in a sense, unlimited, its content depending on the extent to which the person who trusts, and more importantly the person who is trusted, seek to build a relationship characterised by trust and trustworthiness.

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’: (...) theoretical accounts of promising should cover the entire breadth of the phenomenon of promising. I then argue that the breadth criterion poses a novel and formidable obstacle for two prominent views of promising, the social practice view and the expectation view. I conclude by suggesting that there is reason to think that the normative power view of promising may fare better. (shrink)

Promises of a customary, interpersonal kind have received no small amount of philosophical attention. Of particular interest has been their capac- ity to generate moral obligations. This capacity is arguably what distinguishes promises from other, similar phenomena, like communicating a firm intention. But this capacity is common to still other nearby phenomena, such as oaths and vows. These latter phenomena belong to the same family of concepts as promises, but they are structurally and functionally distinct. Taken in their turn, they (...) fill out what I call the ‘breadth criterion’: Theories of promising should cover not only customary, interpersonal promises but also sibling phe- nomena, including oaths and vows. Accommodating the breadth criterion is not something all theories of promising are positioned to accomplish. I focus on the challenge that the breadth criterion poses for Scanlon’s influential ex- pectation view of promising and suggest a normative powers account will fare better. (shrink)

p.p1 {margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px Times} Thomas Scanlon provides a theory of why we ought to keep our promises according to which the wrong of breaking a promise is a moral wrong that does not depend on any social practice. Instead a promise provides a recipient with assurance and the value of assurance establishes a moral obligation to keep our promises. However, it is often charged that theories like Scanlon’s are untenable because they are subject to a (...) vicious circularity. I address some recent critics of Scanlon’s theory, all of whom maintain that his account does not adequately show how a promise provides assurance and therefore does not overcome the charge of circularity in explaining why we are obligated to keep our promises. I revise Scanlon’s theory and show how a promise can provide a recipient with assurance, demonstrating that Scanlon’s account is a tenable theory of why we have an obligation to keep our promises. (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)

The pure theory of law is a positivist legal theory put forward by Hans Kelsen. Recently there have been two attempts to understand democracy as a source for the normativity that the pure theory assigns to law. Lars Vinx seeks to understand the pure theory as a theory of political legitimacy, in which the normativity that the pure theory assigns to the laws of a state depends on the state’s adoption of certain legitimacy enhancing features, including being democratic. Uta Bindreiter (...) argues that, in the case of European Community law, an additional criterion of democracy must be added to the criteria that the pure theory normally requires of legal systems before the pure theory can presuppose the normativity of European Community law. This thesis will argue that neither of these two accounts succeeds in demonstrating that the normativity of the pure theory can be understood to depend on democracy. (shrink)

Collective intentionality is one of the most fundamental notions in social ontology. However, it is often thought to refer to a capacity which does not presuppose the existence of any other social facts. This chapter critically examines this view from the perspective of one specific theory of collective intentionality, the theory of Margaret Gilbert. On the basis of Gilbert’s arguments, the chapter claims that collective intentionality is a highly contingent achievement of complex social practices and, thus, not a basic social (...) phenomenon. The argument proceeds in three steps. First, Gilbert’s thesis that certain kinds of collective intentionality presuppose joint normative commitments is introduced. Second, it is argued that, on this view, individual commitments can only constitute the relevant kinds of collective intentional states if there are socially shared “principles of membership” that connect the force of individual commitments to a shared content. Third, it is shown that strong collective intentionality depends on the practical acceptance of shared norms and on the establishment of authority relations through mutual recognition. (shrink)

This paper aims to explore two objections raised against Bulygin’s second approach to the definition of the nature of legal power-conferring rules. According to the first objection, such an account is vague about what is defined by legal power-conferring rules qua constitutive rules. I maintain that this vagueness is rooted in the lack of a suitable definition of legal power. I shall be arguing for the reduction of the complexity of the definientia by defining legal power as a species of (...) competence. According to the second objection, this non-reductive approach cannot explain the normativity of this kind of rules. Against this approach, it argues that legal powerconferring rules perform a deontic and a definitional function as constitutive rules of legal practice. (shrink)