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)

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

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)

This article argues that the notion of a promissory right captures a central feature of the morality of promising which cannot be explained by the notion of promissory obligation alone: the fact that the promisee acquires a full range of control over the promisor’s obligation. It defends two main claims. First, it argues that promissory rights are distinctively grounded in our interest in controlling others’ deontic world. Second, it proposes a version of the ‘Interest Theory’ of rights that incorporates our (...) interest in purely deontic forms of control into the various human interests that constitute the grounds of our rights. (shrink)

According to Joseph Raz, the fact of making a valid promise creates “promissory reasons”: it constitutes for the promisor a reason for performing her promise and a reason for not acting for at least some of the reasons that recommend something different than performing. In his latest work on promising, Raz provides a novel account of the grounds of promissory reasons—an account which is different in important respects to the one he defended decades ago. In this paper, I argue that, (...) as his previous one, his latest account of the grounds of promissory reasons faces significant difficulties. (shrink)

In her book Victims' Stories and the Advancement of Human Rights, Diana Meyers offers a careful analysis of victims' stories as a narrative genre, and she argues that stories in this genre function as a call to care: they both depict a moral void and issue a moral demand, thereby fostering the development of a culture of human rights. This article, while finding Meyers's articulation of this idea compelling, questions Meyers's account of how victims' stories do their moral work. Whereas (...) Meyers argues that victims' stories are complete narratives, characterized by a distinctive form of closure, it suggests that the moral power of victims' stories may lie in part in their open-endedness or lack of closure. In telling their stories, victims engage their audiences in a new moral relationship and implicitly give them a role to play in bringing about the moral closure they seek. (shrink)

This article aligns two complementary claims: that sexual penetration should be considered a wrong and that consent requires express words and conduct that manifest a person’s willingness or acquiescence towards the specific act. If sexual penetration is a wrong, it will only be justified if there are reasons that permit the action and if these were the ones that the defendant acted on. A person’s internal attitude of willingness or acquiescence towards the specific act can provide the necessary guiding reasons (...) to justify the wrong. However, words and conduct that manifest or express this internal attitude are also needed in order to provide the applicable explanatory reasons to justify the wrong. Alternatively, expressive consent can excuse the wrong by justifying the defendant’s mistake as to the applicable guiding reasons. Without the requirement of expressive consent, the criminal law is unable to capture the culpability of defendants whose deliberation over the use of force on another person did not include the other person’s expression of willingness to engage in a penetrative sexual act. (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)

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.

It is now popular to think that promissory obligation is grounded in an invitation to trust. I object that there are important differences between invitations and promises; appealing to trust faces one of the main problems alleged to face appealing to expectations; and whatever puzzles afflict promissory obligation afflict the obligation not to renege on one’s invitations.

A corrective justice account of a private law remedy attempts to the explain the remedy as giving back to the plaintiff something to which the plaintiff had a prior right that was breached by the defendant's receipt of that thing. It has proven challenging to explain how disgorgement for breach of contract is consistent with corrective justice. This remedy gives to the plaintiff any profit that a defendant received from a third party by breaching a contract with the plaintiff. In (...) this paper, I critique two leading attempts to show how disgorgement for breach of contract is consistent with corrective justice. I argue that these attempts fail, and I suggest that a plausible corrective justice account of disgorgement should be based on something other than the nature of the contractual rights borne by a plaintiff. I then develop an alternative account based on an analogy between disgorgement for breach of contract and disgorgement for breach of fiduciary duty. To do so, I draw on recent scholarship on the consistency of disgorgement for breach of fiduciary with corrective justice and analyze the leading judicial decision on disgorgement for breach of contract by the UK House of Lords inAttorney General v. Blake. I argue that the fiduciary-based account can provide a plausible explanation for how disgorgement effectuates corrective justice by giving back to a plaintiff something to which he had an antecedent right that the defendant violated by profiting from a breach of contract. (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.

One of the central debates in legal philosophy is the debate over legal positivism. Roughly, positivists say that law is ultimately grounded in social facts alone, whereas antipositivists say it is ultimately grounded in both social facts and moral facts. In this paper, I argue that philosophers involved in the dispute over legal positivism sometimes employ distinct concepts when they use the term “law” and pick out different things in the world using these concepts. Because of this, what positivists say (...) might well then be true of one thing (e.g., law1) but false of another (e.g., law2). Accepting this thesis does not mean that the philosophers engaged in this dispute are “talking past each other” or engaged in a “merely verbal dispute” that lacks substance. I argue that participants in this dispute are sometimes arguing about what they should mean by the word “law” in the context at hand. This involves putting forward competing proposals about which concept the word “law” should be used to express. This is an issue in what I call “conceptual ethics.” This argument in conceptual ethics can be well worth having, given the connotations that the term “law” plays in many contexts, ranging from legal argument to political philosophy to social-scientific inquiry. Sometimes, I claim, philosophers (and ordinary speakers) engage in such argument tacitly by competing “metalinguistic” usages of the term “law”—usages of the term that express a view (in this case, a normative view) about the meaning of the word itself. In such cases, speakers on different sides of the positivism debate might in fact both speak truly, in terms of the literal (semantic) content of what they both say. Nonetheless, they may disagree in virtue of views in conceptual ethics about “law” that they express through the nonliteral content of what they say. These views in conceptual ethics often reflect further disagreements about issues that are not ultimately about words or concepts. These include foundational ones in ethics and politics about how we should live and what kind of institutions should govern our lives. My metalinguistic account of the dispute over legal positivism better equips us to identify what such issues are and to engage them more fruitfully. (shrink)

The concept of promise may be very interesting for legal theorists, especially contract law theorists. The article aims to briefly discuss the issue of promises in contemporary analytic philosophy and show some of its possible applications in legal theory. Three basic approaches will be distinguished: the contract as a promise paradigm and two ways of its critique: formal and material. The contract as a promise paradigm will be rejected as incapable of coping with, among others, the so-called autonomy paradox. Arguments (...) of formally-affected critics will be recognized as basically correct but impossible to be fully accepted because of their formalism. Some propositions of the material critique will be deemed the most promising, despite their incompleteness and numerous errors. (shrink)

This paper addresses three commentaries on Victims' Stories and the Advancement of Human Rights. In response to Vittorio Bufacchi, it argues that asking victims to tell their stories needn't be coercive or unjust and that victims are entitled to decide whether and under what conditions to tell their stories. In response to Serene Khader, it argues that empathy with victims' stories can contribute to building a culture of human rights provided that measures are taken to overcome the implicit biases and (...) colonialist interpellations she identifies. In response to Andrea Westlund, it proposes a taxonomy of types of narrative closure and offers some arguments to strengthen her view that empathy with victims' stories endows audience members with a new reason and new motivation to support human rights. (shrink)

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)

Social egalitarianism holds that individuals ought to have equal power over outcomes within relationships. Egalitarian philosophers have argued for this ideal by appealing to features of political society. This way of grounding the social egalitarian principle renders it dependent on empirical facts about political culture. In particular, egalitarians have argued that social equality matters to citizens in political relationships in a way analogous to the value of equality in a marriage. In this paper, we show how egalitarian philosophers are committed (...) to psychological premises, and then illustrate how to test the social egalitarian’s empirical claims. Using a nationally representative survey experiment, we find that citizens will sometimes prioritize equality over competing values, but that the weight of social equality diminishes when moving from personal to political cases. These findings raise questions for thinking about how to explain the normative significance of social equality. (shrink)

The dominant conventionalist view explains the wrong of breaking a promise as failing to do our fair share in supporting the practice of promise-keeping. Yet, this account fails to explain any unique moral standing that a promisee has to demand that the promisor keep the promise. In this paper, I provide a conventionalist response to this problem. In any cooperative practice, participants stand as both beneficiary and contributor. As a beneficiary, they are morally required to follow the rules of the (...) practice. As a contributor, they have claims on other participants to follow the rules. According to the rules of promise-keeping, a promisee has a unique claim on the promisor, and the personal wrong of breaking a promise should be understood as the violation of this unique and practice-dependent claim. (shrink)

I argue here that sometimes the seeking and securing of release from promissory obligation amounts to wrongful exploitation. I contend that this is true even though the promisee has viable alternatives to releasing the promisor from the promise, and even though the promisee is voluntarily releasing the promisor from the promise. I offer two methods by which someone can unfairly take advantage of the promisee's vulnerability that count as wrongfully exploitative. Next, I explain a variety of theories of promising and (...) how they handle promissory release. I explain the difference between coercive release‐seeking and exploitative release‐seeking, and I explain why the latter type of release can be morally legitimate—at least on some theories. I then demonstrate how these scenarios of exploitative release‐seeking pose interesting puzzles and applications for the theories of promising. I end the paper with some thoughts on what rules we can follow to avoid exploitative release‐seeking from our promises. (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)

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)

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)

Ever since the publication of Scanlon’s Promises and Practices and What We Owe to Each Other, expectations have become an important topic within discussions on promises. However, confining the role of expectations to promises does not do justice to their importance in creating obligations more generally. This paper argues that expectations are one of the major sources of obligations created within our personal relationships. What we owe to our friends, partners, or siblings very often follows neither from the duties associated (...) with the given role, nor from our explicit promises, commitments, declarations, or consents. The obligations that our close relationships create often arise from a shared understanding of those relationships—and subsequent mutually acknowledged expectations. (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)

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)

This article explores the nature and role of legal powers in private law. I show how powers are special in that they allow agents to change their (and others’) legal circumstances merely by communicating an intention to do so, without having also to change the nonnormative facts of the world. This feature of powers is, I argue, particularly salient in private law, with its correlative or bipolar normative structure; understanding powers and their role in private law thus requires careful attention (...) to this correlativity. In the final section, I argue that the correct explanation of a variety of substantive problems in private law, many having to do with the role of a party's intention, turns on correctly understanding legal powers. (shrink)

A common Christian belief is that God loves universally, and that the Christian believer ought, likewise, to love universally. On standard analyses of love, loving universally appears unwise, morally suspect, or even impossible. This essay seeks to understand how the Christian command to love could be both possible and morally desirable. It considers two scriptural examples: Matthew’s trilogy of parables, and the Feast of the Tabernacles in the Gospel of John. I argue that God shows love to humanity through revealed (...) disclosure of vulnerability. In particular, God is universally willing to engage in collaborative action with human agents. I suggest that the Christian command can be satisfied by adopting an analogous willingness to share intentional actions with others. (shrink)

I present a novel way to think about promising: Promising as Doxastic Entrustment. The main idea is that promising is inviting another to entrust her belief to you, and that taking a promiser’s word is freely choosing to accept this invitation. I explicate this through considering the special kind of reason for belief issued by a promiser: a reason whose rational status depends both on the will of the promiser to provide it, and on the will of the promisee to (...) accept it. Though this may seem to raise worries about believing at will, I show how such concerns can be navigated. I then argue that the view provides a rich, attractive understanding of the interpersonal bond forged through promising. According to the Doxastic Entrustment view, that bond results from freely given trust, in exchange for freely assumed responsibility for what is entrusted: namely, a bit of the promisee’s own mind. (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)