By building upon Raz's analysis of the spectrum of voluntary obligations, the author produces a typology of agreements, and then assesses the extent to which these different kinds of agreements underpin the common law of contract. While recognizing that the law of contract purports to deal with a broad range of voluntarily undertaken obligations, the typology of agreements suggests that the present law is primarily suited to dealing only with bargains. This suggests that there are situations in which agreements should (...) be legally recognized, but which should not be dealt with by all of the conceptual tools of contract law, for these agreements and voluntary undertakings serve the interests of those undertaking them in significantly different ways than do bargains. (shrink)

The fact that A has relied on B to do something is often taken to be a relevant factor in judging that B has a moral or legal obligation to do that thing. This paper investigates the relation between reliance and obligation. Specifically, the question is whether reliance and moral obligation are connected by some relation of conditionality. I consider four such relations - necessary condition, sufficient condition, necessary part of a sufficient condition, and independent necessary part of a sufficient (...) condition. I argue that only the third one connects reliance and moral obligation, and that it does so in a trivial way. There are nevertheless two justifications for the prominence given to reliance in morality and law. First, reliance appears to be a sufficient condition of states of affairs involving concepts related to obligation. Second, reliance is a fairly reliable indicator of obligation. (shrink)

This paper argues for two models of agreement which develop the idea that there is an agreement where one party gives a conditional undertaking and the other responds with an unconditional undertaking. The models accommodate plausible justifications for making and complying with agreements.

For three decades the writings of Jaegwon Kim have had a major influence in philosophy of mind and in metaphysics. Sixteen of his philosophical papers, together with several new postscripts, are collected in Kim [1993]. The publication of this collection prompts the present essay. After some preliminary remarks in the opening section, in Section 2 I will briefly describe Kim's philosophical 'big picture' about the relation between the mental and the physical. In Section 3 I will situate Kim's approach on (...) the larger philosophical landscape, vis-à-vis various other approaches frequently discussed in contemporary philosophy of mind. This comparative discussion will further illuminate Kim's own position, and also will serve as groundwork for subsequent discussion. In Section 4 I will point out certain persistent internal tensions in Kim's philosophical position on the mind--body problem, tensions that emerge especially clearly against the backdrop of Section 3's comparative discussion of Kim's position relative to various competing positions. In the remainder of the paper I will focus on two issues at the heart of his position, with particular attention to what he says about them in some of the more recent papers and the postscripts in Kim [1993]. First, how should a materialist understand the notion that the mental is 'determined' by the physical? More specifically, what role, if any, should be played by the concept of supervenience in explicating this kind of determination relation? Kim's views on this matter have recently changed, and I will discuss the issue with particular attention to his own latest remarks on it. This is the business of Section 5. Second, need a viable materialism assert that mentalistic psychology is reducible to neurobiology? More specifically, should a materialist insist on reducibility, despite the currently influential line of argument used by non-reductive materialists, the 'multiple realization' argument? On this matter too, Kim's views have changed somewhat; again, I will discuss the issue with particular attention to his recent thinking. This is the business of Section 6. (shrink)