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Are Contracts Promises? (pre-publication version)

In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge (2012)

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  1. (Mis)Understanding Correlativity in Contractual Relations.Irina Sakharova - 2024 - Ratio Juris 37 (1):48-66.
    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 (...)
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  • Sľuby a procedúry (The Promises and Procedures).Vladimír 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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  • Promises.Allen Habib - 2009 - Stanford Encyclopedia of Philosophy.
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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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  • Immoral Promises.F. E. Guerra-Pujol - manuscript
    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 (...)
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