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)

Shared activity is often simply willed into existence by individuals. This poses a problem. Philosophical reflection suggests that shared activity involves a distinctive, interlocking structure of intentions. But it is not obvious how one can form the intention necessary for shared activity without settling what fellow participants will do and thereby compromising their agency and autonomy. One response to this problem suggests that an individual can have the requisite intention if she makes the appropriate predictions about fellow participants. I argue (...) that implementing this predictive strategy risks derailing practical reasoning and preventing one from forming the intention. My alternative proposal for reconciling shared activity with autonomy appeals to the idea of acting directly on another's intention. In particular, I appeal to the entitlement one sometimes has to another's practical judgment, and the corresponding authority the other sometimes has to settle what one is to do. (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)

This paper takes an ontological approach to the subject of promising. Setting aside the typical concern over promissory obligations, I draw on recent work from the field of social ontology and develop a promissory schema that characterizes the functional role the practice of promising plays in our lives. This schema, put in terms of one agent’s voluntary and intentional attempts to provide another agent with a specific kind of assurance, helps explain what we are doing when we make a promise, (...) and what we desire when we ask that a promise be made. The promissory schema is explanatorily beneficial as it can help us understand why certain actions may be interpreted as promises, thereby reminding us that we need to be sensitive to the ways our actions can give rise to expectations in others. (shrink)

Abraham Roth argues that to accept a promise is to intend the performance of the promised action. I argue that this proposal runs into trouble because it makes it hard to explain how promises provide reasons for the performance of the promised action. Then, I ask whether we might fill the gap by saying that a promisor becomes entitled to the reasons for which her promise is accepted. I argue that this fix would implausibly shrink the class of binding promises (...) and suggest that similar difficulties may arise for any theory that casts promises as an exercise of shared agency. (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)

Many accounts of the moral duty to obey the law either restrict the duty to ideal democracies or leave the duty’s application to non-ideal societies unclear. This article presents and defends a partial account of the moral duty to obey the law in non-ideal societies, focusing on the duty to obey judicial orders. We need public judicial authority to prevent objectionable power relationships that can result from disputes about private agreements. The moral need to prevent power imbalances in private relationships (...) grounds a qualified moral duty to obey judicial decisions. The parties to a dispute are morally required to comply with a judicial order in their dispute if all of the following conditions obtain: the parties’ dispute was in good faith, the court’s resolution of the dispute is more impartial than either party’s own judgment, the order does not call for violation of important natural duties or important artificial duties that the duty-bearer incurred involuntarily, and the primary aim of disobeying the court order would be to advance an ordinary, non-political project, not to call public attention to an injustice. The moral duty to obey judicial decisions can survive significant departures from ideal fairness. (shrink)

Considerations of autonomy and independence, properly understood, support strictly egalitarian provision of necessary medical treatment. If the financially better-off can purchase access to necessary medical treatments that the financially less well-off cannot purchase without help, then their discretionary power to give or to withhold monetary gifts indirectly gives them the power to make life-and-death or sickness-and-health decisions for others. To prevent private citizens from having this objectionable form of power, government must ensure that citizens’ finances do not affect their access (...) to medical treatments that significantly prolong life, relieve suffering, or cure or mitigate disabilities. Government should ensure this even if doing so involves leveling down and even if it is unclear whether egalitarian provision of necessary treatment would provide better care to the poor than a less egalitarian health care system would. (shrink)

When a business has competitors that break a burdensome law, is it morally required to obey this law, or may it break the law to avoid an unfair competitive disadvantage? Though this ethical question is pervasive in the business world, many non-skeptical theories of the obligation to obey the law cannot give it a clear answer. A broadly Kantian account, by contrast, can explain why businesspeople ought to obey laws of a certain type even under competitive pressure, namely laws that (...) play a direct role in defining rights to use physical or financial resources free from substantial interference. Businesspeople must obey these laws even at the cost of allowing their businesses to fail and even when the acts proscribed are mala prohibita. This argument for obeying the law in competitive contexts has limited scope. Considerations of fairness or self-preservation may justify violating laws of other types under competitive pressure. (shrink)

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 nonetheless. In this second part, I will explain what it takes to show that there is such an obligation to keep one’s promises, and discuss a further account of promissory obligation – the normative powers account – which perhaps stands a chance to solve both the bootstrapping and the bare wrongings problem , and to successfully explain promissory obligation. It comes in at least two different forms: one which regards the normative power to promise as based on our ability to form special relationships, and another which regards the promisee’s ‘authority interest’ as the basis. (shrink)

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 (the problem of ‘bare wrongings’), 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 nonetheless. In this second part, I will explain what it takes to show that there is such an obligation (rather than just a reason of a different kind) to keep one’s promises, and discuss a further account of promissory obligation – the normative powers account – which perhaps stands a chance to solve both the bootstrapping and the bare wrongings problem (or rather, to show why we needn’t be worried about those problems after all), and to successfully explain promissory obligation. It comes in at least two different forms: one which regards the normative power to promise as based on our ability to form special relationships, and another which regards the promisee’s ‘authority interest’ as the basis. (shrink)

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 (...) that self-promising involves an activity of the will, aimed at the preservation and protection of one’s values. I explain how, understood in this way, these promises can indeed bind, and show that the motivation for making them need not involve mistrust or other alienated attitudes. I then turn to interpersonal promising, arguing that this same activity of the will is required for sincerely promising others: in effect, making a sincere promise to another requires making a promise to oneself. Attention to this under-appreciated aspect of interpersonal promising enriches our understanding of all promises, and helps to correct a narrow and distorted picture of what it means to be bound. (shrink)

Journal of Political Philosophy, EarlyView.

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)