On the shared-­ends account of close friendship, proper care for a friend as an agent requires seeing yourself as having important reasons to accommodate and promote the friend’s valuable ends for her own sake. However, that friends share ends doesn't inoculate them against disagreements about how to pursue those ends. This paper defends the claim that, in certain circumstances of reasonable disagreement, proper care for a friend as a practical and moral agent sometimes requires allowing her judgment to decide what (...) you are to do, even when you disagree with her judgment (and even when her judgment is in fact mistaken). In these instances, your friendship can make it the case that you may not act on your own practical and even moral judgments because, at those times, you have a duty as her close friend to defer to her judgments. As a result, treating your friend properly as a responsible agent can require that you assist her in committing what may in fact be serious moral wrongs. (shrink)

This paper defends a moralized account of conventions, according to which conventional practices are necessarily normative reasons that are ultimately grounded on moral principles . It argues that a convention exists just in case the fact that others participate in some common practice as well as facts about their motivating reasons for doing so, justify conformity to that practice. The paper locates this moralized account within the relevant philosophical literature and argues that it does better than its rivals in explaining (...) the presence of both motivating and normative reasons in our concept of convention. (shrink)

According to assurance views of testimonial justification, in virtue of the act of testifying a speaker provides an assurance of the truth of what she asserts to the addressee. This assurance provides a special justificatory force and a distinctive normative status to the addressee. It is thought to explain certain asymmetries between addressees and other unintended hearers (bystanders and eavesdroppers), such as the phenomenon that the addressee has a right to blame the speaker for conveying a falsehood but unintended hearers (...) do not, and the phenomenon that the addressee may deflect challenges to his testimonial belief to the speaker but unintended hearers may not. Here I argue that we can do a better job explaining the normative statuses associated with testimony by reference to epistemic norms of assertion and privacy norms. Following Sanford Goldberg, I argue that epistemic norms of assertion, according to which sincere assertion is appropriate only when the asserter possesses certain epistemic goods, can be ‘put to work’ to explain the normative statuses associated with testimony. When these norms are violated, they give hearers the right to blame the speaker, and they also explain why the speaker takes responsibility for the justification of the statement asserted. Norms of privacy, on the other hand, directly exclude eavesdroppers and bystanders from an informational exchange, implying that they have no standing to do many of the things, such as issue challenges or questions to the speaker, that would be normal for conversational participants. This explains asymmetries of normative status associated with testimony in a way logically independent of speaker assurance. (shrink)

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 (...) satisfactory account of promising. A new conventionalism can explain this by appealing to special features of social conventions. Two of these special features have important implications for any moral requirements they mediate, such as the requirement to keep one's promises and the moral requirements attached to social or occupational roles. First, these requirements will not depend on features of a situation that are inaccessible to typical participants in the convention. Second, these requirements often cannot be tailored to fit the overly unusual circumstances of participants. (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)

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. There are two influential accounts of promising, and promissory obligation, which attempt to solve the problems: The expectation account (...) and the practice account. While those accounts solve both the bootstrapping problem and the problem of bare wrongings, it turns out that they encounter numerous problems of their own. (shrink)

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)

Philosophical discussions of legal ethics should be oriented around the generative problem , which asks two fundamental questions. First, how does the lawyer's role generate reasons? Second, what kinds of reasons can this role generate? Every extant theory of legal ethics is based on a solution to the generative problem. On the generative method , theories of legal ethics are evaluated based on the plausibility of these solutions. I apply this method to three prominent theories of legal ethics, finding that (...) none is based on a fully satisfactory solution to the generative problem. This method has important implication for the study of legal ethics. Philosophically, it moves theoretical debates about legal ethics closer to other debates about the sources of normativity, like those concerning promises. Further, this method identifies a realworld dimension to these theoretical debates. Focusing on the generative problem allows for the empirical verification of hypotheses about legal ethics that have, to date, largely been conjectured. (shrink)

Reasons and Recognition brings together fourteen new papers on an array of topics from the many areas to which Scanlon has made path-breaking contributions, ...

Research regulations around the world do not impose any limits on the risks to which consenting adults may be exposed. Nonetheless, most review committees regard some risks as too high, even for consenting adults. To justify this practice, commentators have appealed to a range of considerations which are external to informed consent and the risks themselves. Most prominently, some argue that exposing consenting adults to very high risks has the potential to undermine public trust in research. This justification assumes that (...) it is not the magnitude of the risks themselves which raises concern, but the way in which the public might respond to them. This justification thus depends on the possibility that the public will find out about the risks and respond to them in the specified way. Like the other proposed external justifications, it thereby fails to offer a reason to think that exposing consenting adults to very high risks is problematic in itself. In the present paper, we describe and endorse a different justification. Rather than appealing to external factors, we argue that limits on risks for consenting adults trace to internal limits on informed consent, to limits on the things consent can and cannot make ethically permissible. In doing so, we aim to provide a firmer conceptual basis for the view that some research risks are unacceptably high, no matter how the research is conducted. (shrink)

Em Uma Teoria da Justiça, John Rawls explicou o intuicionismo como a doutrina que professa o pluralismo irredutível de princípios morais, princípios estes cujos conflitos não poderiam ser resolvidos de maneira principiológica. Segundo Rawls, não se pode oferecer um argumento abstrato que prove que o pluralismo moral é falso. Mas seria possível mostrarmos aquilo que o intuicionista nega existir: o princípio moral mais fundamental, que sistematiza nossas obrigações morais. Este princípio, de acordo com Rawls, seria o princípio da equidade. Neste (...) artigo, eu argumento que Rawls fracassa diante dos intuicionistas. Meus argumentos se valem de uma análise da aplicabilidade do princípio da equidade ao caso das promessas. Primeiro, eu defendo que o princípio da equidade só poderia explicar obrigações morais em geral se ele pudesse conter em sua fórmula um caso paradigmático das obrigações que ele pretende explicar: justamente as obrigações promissórias. Depois, eu procuro mostrar que as mesmas obrigações promissórias contêm um traço essencial que o princípio da equidade não seria capaz de explicar, mesmo que pudesse explicar obrigações morais em geral: o caráter especial das obrigações para com os destinatários das promessas. No primeiro ponto, a minha investigação expande as críticas de Robert Nozick a uma versão do princípio da equidade apresentada por H.L.A. Hart. No segundo, eu desenvolvo objeções feitas por Stephen Darwall contra a teoria prática das promessas, incluindo a teoria de John Rawls. (shrink)

This article argues that resolutions are reason-giving: when an agent resolves to φ, she incurs an additional normative reason to φ. Resolution-making is therefore a normative power: an ability we have to alter our normative circumstances through sheer acts of will. I argue that the reasons we incur from forming resolutions are importantly similar to the reasons we incur from making promises. My account explains why it can be rational for an agent to act on a past resolution even if (...) temptation causes a shift in her preferences and even her judgment about what to do, and offers a response to a common objection to the normativity of resolutions known as the bootstrapping problem, on which if resolutions were reason-giving, they would problematically allow us to bootstrap any action into rationality simply by resolving to perform it. (shrink)

Much attention has been paid to moral understanding as an individual achievement, when a single agent gains insight into distinctly moral matters. Crucially overlooked, I argue, is the phenomenon of shared moral understanding, when you and I understand moral matters together, in a way that can’t be reduced to each of us having moral understanding on our own. My argument pays close attention to two central moral practices: justifying our actions to others, and apologizing for wrongdoing. I argue that, whenever (...) I owe you a justification or an apology, I thereby owe it to you to aim at our coming to a shared moral understanding. My argument has two upshots. The first is a novel explanation of the importance of moral understanding in our lives, one that emphasizes the importance of understanding moral reasons together. The second is a better understanding of the very obligations involved in two of our most central interpersonal moral practices. (shrink)

Is ChatGPT an author? Given its capacity to generate something that reads like human-written text in response to prompts, it might seem natural to ascribe authorship to ChatGPT. However, we argue that ChatGPT is not an author. ChatGPT fails to meet the criteria of authorship because it lacks the ability to perform illocutionary speech acts such as promising or asserting, lacks the fitting mental states like knowledge, belief, or intention, and cannot take responsibility for the texts it produces. Three perspectives (...) are compared: liberalism (which ascribes authorship to ChatGPT), conservatism (which denies ChatGPT's authorship for normative and metaphysical reasons), and moderatism (which treats ChatGPT as if it possesses authorship without committing to the existence of mental states like knowledge, belief, or intention). We conclude that conservatism provides a more nuanced understanding of authorship in AI than liberalism and moderatism, without denying the significant potential, influence, or utility of AI technologies such as ChatGPT. (shrink)

This paper examines the nature of friendship and the nature of exploitation, and the intersection of the two phenomena. It argues that because vulnerability is an essential aspect of friendship, the possibility of exploitation is ineliminable in friendship. Considers how we might, nonetheless, reduce our exposure to unfair treatment in friendships.

There seem to be many kinds of moral duties. We should keep our promises; we should pay our debts of gratitude; we should compensate those we’ve wronged; we should avoid doing or intending harm; we should help those in need. These constitute, some worry, an unconnected heap of duties: the realm of commonsense morality is a disorganized mess. In this paper, we outline a strategy for unifying commonsense moral duties. We argue that they can be understood in terms of contact (...) with value. You are in contact with a value when you are manifest in it or when it is manifest in you. You have reason to get in contact with the good and avoid contact with evil. And when you’re in contact with a value, the weight of the reasons it grounds are amplified for you. These ideas, we argue, can bring order to the chaos of commonsense morality. (shrink)

This paper develops a new theory of the morality of promissory obligations. T. M. Scanlon notoriously argued that promising consists in assuring the promisee that we will do something. I disagree. I argue that it is true that promising consists in assuring the promisee, but what the promisor gives to the promisee is not an assurance that they will do something, but that the normative situation is in a certain way.

Conventionalism about promising is the view that the power to make binding promises depends essentially on the existence of a social practice or convention of promising. This paper explores an objection to conventionalism that says that—(allegedly) contra conventionalism—there is no morally acceptable world in which we lack the power of promise. Instead, normative powers theorists claim that our power of promise is morally basic or necessary. I argue that the conventionalist need not deny this claim. There are several ways to (...) develop a noncontingent conventionalism: a version of the view that can accommodate the insight that the power of promise is indispensable to morally acceptable lives. Then, I argue that the conventionalist is indeed on the hook for accommodating this insight. I wrap up by considering the state of play in the debate over conventionalism about promising. Once we note the theoretical possibility of noncontingent conventionalism, it looks like the theatre of battle shifts to the difficult question of whether “natural” morality always provides “moral necessities.”. (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)

This paper argues that participation in an intimate relationship can generate additional or stronger reasons for one to act paternalistically toward the intimate. Moreover, participation in such a relationship can also weaken or cancel some of the presumptive reasons of respect one would otherwise have not to interfere. The paper also reflects, more generally, on the nature of intimate relationships, the normative significance of paternalism, and the normative differences between paternalism in larger-scale institutional contexts and paternalism in closer, interpersonal ones. (...) -/- . (shrink)

Journal of Social Philosophy, EarlyView.

While love and personal relationships are the subjects of rich and sophisticated literatures, philosophical writing about the end of special relationships is much harder to come by. However, the end of special relationships is a significant part of our lives and gives rise to a number of philosophical questions. In this article, I explore the normative significance of the end of special relationships, with a particular focus on the case of breaking up in the context of committed romantic relationships. Specifically, (...) I address three questions. First, what does A do when A breaks up with B? Second, what normative effect will A’s breaking up with B have on the relationship-based duties, reasons, and permissions that are partly constitutive of A and B’s relationship? Third, how is the ability to break up consistent with the commitment that many longer-term romantic relationships involve? In response to the first and second questions, I argue that breaking up is a neglected example of a normative power and develop a tripartite account of the normative effects of exercising this power. In response to the third question, I develop an account of the nature and value of commitment within romantic relationships and show how the power to exit a relationship by breaking up is consistent with this form of commitment. (shrink)

Artificial intelligence increasingly executes tasks that previously only humans could do, such as drive a car, fight in war, or perform a medical operation. However, as the very best AI systems tend to be the least controllable and the least transparent, some scholars argued that humans can no longer be morally responsible for some of the AI-caused outcomes, which would then result in a responsibility gap. In this paper, I assume, for the sake of argument, that at least some of (...) the most sophisticated AI systems do indeed create responsibility gaps, and I ask whether we can bridge these gaps at will, viz. whether certain people could take responsibility for AI-caused harm simply by performing a certain speech act, just as people can give permission for something simply by performing the act of consent. So understood, taking responsibility would be a genuine normative power. I first discuss and reject the view of Champagne and Tonkens, who advocate a view of taking liability. According to this view, a military commander can and must, ahead of time, accept liability to blame and punishment for any harm caused by autonomous weapon systems under her command. I then defend my own proposal of taking answerability, viz. the view that people can makes themselves morally answerable for the harm caused by AI systems, not only ahead of time but also when harm has already been caused. (shrink)

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

Recent years have seen a proliferation of philosophical work on consent. Within this body of work, philosophers often appeal to an account of the interests, values, or functions that underpin the power of consent. By far the most commonly cited value realized by the power of consent is the promotion and protection of the power-holder’s autonomy. This focus on autonomy yields what I call the Gate Opener Model of consent, according to which the central valuable function of consent is to (...) give the power-holder control over whether other people can act in certain ways. In this article, I argue that the Gate Opener Model of consent is inadequate. I then defend an alternative Relational Model of consent, according to which a central valuable function of consent is to enable a non-instrumentally valuable form of interaction between people. (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)

The normative mechanics of promising seem complex. The strength and content of promissory obligations, and the residual duties they entail upon being violated, have various prima facie surprising features. We give an account to explain these features. Promises have a point. The point of a promise to φ is a promise-independent reason to φ for the promisee’s sake. A promise turns this reason into a duty. This explains the mechanics of promises. And it grounds a nuanced picture of immoral promises, (...) an argument against promissory bare wrongings, and a constraint on theories of why we have promissory obligations at all. (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)

It is tempting to think (1) that we may sometimes have hopelessly utopian duties and yet (2) that “ought” implies “can.” How might we square these apparently conflicting claims? A simple solution is to interpret hopelessly utopian duties as duties to "pursue" the achievement of manifestly unattainable outcomes (as opposed to duties to "achieve" the outcomes), thereby promising to vindicate the possibility of such duties in a way that is compatible with “ought” implies “can.” The main challenge for this simple (...) solution is to say what the relevant “duties to pursue” are supposed to involve. We survey several existing candidates (duties to try, duties to approximate, duties to do our part, and dynamic duties) and argue that none of them succeeds in delivering on the promise of the simple solution. We then propose a previously untheorized class of duties that we call "duties to devote ourselves" to achieving an outcome, and argue that such duties provide us with an interpretation of hopelessly utopian duties that is up to the task. (shrink)

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 (...) that calls for viewing brands as a series of normatively binding expectations that are ethically akin to promises. Our promissory framing of brands avoids the explanatory problem, illuminates a number of ethical requirements on branding, and reconceptualizes the role of brand managers. (shrink)

The Morality of Defensive Force is a welcome addition to self-defence theorizing. It is creative, well written, and analytically rigorous. Quong not only explor.

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)

What is it for a duty or obligation to be directed? Thinking about paradigmatic cases such as the obligations generated by promises will take us only so far in answering this question. This paper starts by surveying several approaches for understanding directed duties, as well as the challenges they face. It turns out that shared agency features something similar to the directedness of duties. This suggests an account of directedness in terms of shared agency – specifically, in terms of the (...) so-called practical intimacy that holds between individuals when they act together. The final section addresses a challenge to the shared agency approach posed by legal wronging in tort law. (shrink)

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, (...) however, the procedural characteristics of promises, especially in conditional promises, as well as the promises in contractual relations, persists. In our analysis we wish to show that the consistent conception of promise has to take into account a step of acceptance. The outcome of this approach relativizes a strong distinction between promise and offer. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call this (...) the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

While Strawsonians have focused on the way in which our “reactive attitudes”—the emotions through which we hold one another responsible for manifestations of morally significant quality of regard—express moral demands, serious doubt has been cast on the idea that non-blaming reactive attitudes direct moral demands to their targets. Building on Gary Watson’s proposal that the reactive attitudes are ‘forms of moral address’, this paper advances a communicative view of praise according to which the form of moral address distinctive of the (...) praise-manifesting reactive attitudes (approbation, gratitude) is moral invitation. Like moral demand, moral invitation is a species of directive address presupposing its target’s possession of distinctive agential capacities and, when valid, provides its addressee with reason to give the addressor’s directive discursive uptake. While blame’s demands issue imperatival reasons for compliance (e.g. to acknowledge wrongdoing, apologize, etc.), praise’s invitations provide discretionary reasons to accept credit in jointly valuing the significance of the act for the praiser. In addition to its phenomenological plausibility and contribution to the already fecund Watsonian-cum-Strawsonian program, the invitational view helps render intelligible the power of our praise practices to facilitate the formation and enrichment of our interpersonal relationships. (shrink)

I’m grateful to Professors Langton and Owens for their probing comments and to Mind for providing the occasion for this exchange. Both Langton and Owens helpfully push me to tackle interesting problems that I did not wrestle with in the book. I am game to try to answer them, but some of my responses are tentative and roughly hewn, offered more in the spirit of exploratory conversation than firm conviction.

According to an attractive and widely held view, all practical reasons are explained in terms of the (instrumental or final) value of the action supported by the reason. I argue that this theory is incompatible with plausible assumptions about the practical reasons that correspond to certain moral rights, including the right to a promised action and the right to an exclusive use of one’s property. The argument is an explanatory rather than extensional one: while the actions supported by the relevant (...) reasons (e.g. keeping a valid promise or respecting property) can be argued to have a certain kind of value, I argue that this value presupposes a moral right, and therefore cannot explain the reason. Reflection on such cases suggest the conclusion that reasons that are subject to normative powers are generally not value-based. This also has important implications for the dialectic between ‘value-first’ and ‘reasons-first’ approaches to normativity. (shrink)

This paper defends a right to the justification of contract, with reciprocal and general reasons, and explores its main implications for the law of contract and its theory. It argues that the leading essentialist and other monist contract theories, offering blueprints for an ideal contract law based on the alleged ultimate value or essential characteristic of contract law, cannot justify the basic structure of contract law. Instead, it argues, a critical discourse theory of contract can contribute to the realisation of (...) the right to justification of contract by exposing patterns of contractual injustice, in particular exploitation and domination by contract, that contract law can and should prevent. (shrink)

‘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 (...) exercise of the will can afford us special freedom in determining our reasons? I argue that normative approaches to answering this question prove to be inadequate. To vindicate the thought that normative powers can make our reasons ‘up to us’, we need an altogether different approach to understanding them, one that is located not in the normative but in the metaphysical. I end the paper by sketching a metaphysical explanation of normative powers. This metaphysical defence of normative powers provides a window into a different, more agent-centered way of thinking about rational agency. (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)

This paper discusses the prospects of a comprehensive philosophical account of promising that relies centrally on the notion of trust. I lay out the core idea behind the Trust View, showing how it convincingly explains the normative contours and the unique value of our promissory practice. I then sketch three distinct options of how the Trust View can explain the normativity of promises. First, an effect based-view, second, a view drawing on a wider norm demanding respect to those whom one (...) has invited to something, and finally, as a new suggestion, a Normative Interest View. This view holds that promising is a normative power that serves our interest in facilitating or enabling the relationship of trust between promisor and promisee. I argue that only those embracing the third view can fully account for the distinctive obligation that results from the giving of a valid promise in all cases. (shrink)

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 (...) practice of promising or adherence to it. Recent practice theories do have this structure, but, I argue, Hume’s own does not. Hume’s account, while it does trace the origin of promises to convention, is instead a causal explanation of the moral sentiments we have toward fulfillment and violation of promises, sentiments he regards as normative in themselves and not susceptible of further warrant. He explains how a collectively-invented social practice becomes morally obligatory for us to conform to, without deriving its moral authority from a more basic principle. I discuss one objection often made to practice theories that, in its application to Hume, presupposes the incorrect interpretation, and show that while it is telling for Hume’s descendants, for Hume it misses the mark. Instead I make a different challenge to Hume, and suggest how he might meet it. (shrink)