How do we judge whether an action is morally right or wrong? If an action is wrong, what reason does that give us not to do it? Why should we give such reasons priority over our other concerns and values? In this book, T. M. Scanlon offers new answers to these questions, as they apply to the central part of morality that concerns what we owe to each other. According to his contractualist view, thinking about right and wrong is thinking (...) about what we do in terms that could be justified to others and that they could not reasonably reject. He shows how the special authority of conclusions about right and wrong arises from the value of being related to others in this way, and he shows how familiar moral ideas such as fairness and responsibility can be understood through their role in this process of mutual justification and criticism. Scanlon bases his contractualism on a broader account of reasons, value, and individual well-being that challenges standard views about these crucial notions. He argues that desires do not provide us with reasons, that states of affairs are not the primary bearers of value, and that well-being is not as important for rational decision-making as it is commonly held to be. Scanlon is a pluralist about both moral and non-moral values. He argues that, taking this plurality of values into account, contractualism allows for most of the variability in moral requirements that relativists have claimed, while still accounting for the full force of our judgments of right and wrong. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

I answer two questions: (1) what are people doing when they exchange conventional wedding vows? and (2) under what circumstances are these things morally and rationally permissible to do? I propose that wedding pledges are public proclamations that are simultaneously both private vows and interpersonal promises, and that they are often subject to uncertainty. I argue that the permissibility of uncertain wedding promises depends on whether the uncertainty stems from doubts about one’s own internal weakness of will and susceptibility to (...) temptation or from the expectation that external circumstances might change. I then explain why uncertainty is a prima facie challenge for unconditional wedding vows, and I offer a solution: rational wedding vows are unconditional in their content but implicitly conditional in their structure; the spouse pledges to act in certain ways unconditionally, so long as they remain in the spousal role. I respond to objections to my view (including Elizabeth Brake’s claim that the permissibility of unilateral divorce undermines an understanding of wedding vows as promises), and conclude with some suggestions about what marrying couples should do to ensure permissible pledges. (shrink)

That we owe duties to others is a commonplace, the subject of countless philosophical treatises and monographs. Morality is interpersonal and other-directed, many claim. But what of what we owe ourselves? In Duty to Self, Paul Schofield flips the paradigm of interpersonal morality by arguing that there are moral duties we owe ourselves, and that in light of this, philosophers need to significantly rethink many of their views about practical reason, moral psychology, politics, and moral emotions. -/- Among these views (...) is the idea that divisions within a person's life enable her to relate to herself second-personally--that is, as though she were relating to a distinct other person--in the way required by morality. Further, there exist political duties owed to the self, which the state may coerce persons to perform. This amounts to a novel argument for paternalistic law, which appeals to considerations of right, justice, and freedom in order to justify coercing a person for their own sake--a liberal justification for an idea typically thought to be deeply at odds with liberalism. -/- Schofield untangles how this view would impact various issues in applied ethics and political philosophy, for example, financial prudence and risk, the pursuit of the good life, and medical ethics. Duty to Self is essential for anyone working in moral and political philosophy or political theory. (shrink)

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)

A key to modern studies of 18th century Western philosophy, the Treatise considers numerous classic philosophical issues, including causation, existence, freedom and necessity and morality. This abridged edition has an introduction which explain's Hume's thought and places it in the context of its times.

We give a brief overview of several recent strands of speech-act theory, and then survey some issues in social and political philosophy can be profitably understood in speech-act-theoretic terms. Our topics include the social contract, the law, the creation and reinforcement of social norms and practices, silencing, and freedom of speech.

‘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)

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)

The concept of promise has lately returned to the philosophical arena. As a result, we can observe through a new perspective the relationship between the individual and society, action and justice. Furthermore, it addresses the crucial question on the connection between ethical and political theory. In this paper we will examine the genealogy of promise and its relation to contract theories, the transition from the early modern tradition of natural law to modern political theory. The central themes in the tradition (...) of natural law revolve around ethics, juristic theory and the philosophy of Law. In this way, promise, agreement, vows correlate with the notion of contract and, generally, juridical conventions. The subsequent development of contract theories, however, underscores the moral character of promise in contrast to the notion of contract, which claims a strict, technical, juridical character. As a conclusion to the investigation of this difference, we will examine a question that refers to two contradictory theoretical views: is promise a precondition or a result of contract? In so doing, we will focus on the implications of the argument that promise is on the root of the social contract or that obligations and agreements originate in the state, not from the individuals. (shrink)

This chapter argues that there is a particular kind of ‘internal’ commitment typically made in the context of romantic love relationships that has striking meta-normative implications for how we understand the role of the will in practical normativity. Internal commitments cannot plausibly explain the reasons we have in committed relationships on the usual model—as triggering reasons that are already there, in the way that making a promise triggers a reason via a pre-existing norm of the form ‘If you make a (...) promise to x, then you have a reason to x’. Instead, internal commitments are that in virtue of which one has the special reasons of committed relationships; they are the grounds of such reasons. In this way, the will is a source of practical normativity. (shrink)

ABSTRACT An influential argument against the possibility of obligations to oneself states that the very notion of such obligations is incoherent: If there were such obligations, we could release ourselves from them; yet releasing oneself from an obligation is impossible. I challenge this argument by arguing against the premise that it is impossible to release oneself from an obligation. I point out that this premise assumes that if it were possible to release oneself from an obligation, it would be impossible (...) to violate that obligation. I note that there are two interpretations of this assumption, one conceptual and one psychological. I argue that, on both interpretations, the assumption is false—at least according to independently plausible accounts of obligations to oneself and of what it means to waive an obligation. My arguments paint a picture of obligations to oneself that not only challenges the argument against their coherence, but also illuminates these obligations’ relationship to other parts of the moral domain. (shrink)

Deontologists believe in two key exceptions to the duty to promote the good: restrictions forbid us from harming others, and prerogatives permit us not to harm ourselves. How are restrictions and prerogatives related? A promising answer is that they share a source in rights. I argue that prerogatives cannot be grounded in familiar kinds of rights, only in something much stranger: waivable rights against oneself.

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)

Autonomy, at least in one sense of the term, requires sovereign authority over one’s choices and actions. In this paper, I argue that such authority is relational in at least two respects. First, I argue that sovereign authority may be shared – and, indeed, must be shareable – with others through the exercise of normative powers. Second, I argue that normative powers are themselves relational powers, powers that depend in part on the recognition of agents as having an equal basic (...) authority to exercise such powers in the first place. Drawing on feminist speech-act analyses of silencing and subordination, I examine how failures of uptake for exercises of normative powers compromise personal autonomy. (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)

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.

People who make graveside promises consider themselves bound by them, which raises the question of whether a promise can morally obligate a promisor directly to a promisee who cannot acknowledge the promise. I show that it can by using the theoretical framework provided by “transaction accounts” of promising. Paradigmatically, these accounts maintain that the creation of a promissory obligation requires that the promisee consent to the promise. I extend these accounts to capture promises made by proxy and self-promises, and conclude (...) that we can make promises to absent promisees when we bear responsibility for their moral and personal development. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (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)

It’s possible to accept or to reject a promise. According to a new proposal by Abraham Roth, accepting a promise involves intending that the promisee perform the promised action. According to Roth, this view is supported by rational symmetries between promissory acceptance and intention. Here, I show how these symmetries actually generate two problems for the view.

Three claims about love and justice cannot be simultaneously true and therefore entail a paradox: (1) Love is a matter of justice. (2) There cannot be a duty to love. (3) All matters of justice are matters of duty. The first claim is more controversial. To defend it, I show why the extent to which we enjoy the good of love is relevant to distributive justice. To defend (2) I explain the empirical, conceptual and axiological arguments in its favour. Although (...) (3) is the most generally endorsed claim of the three, I conclude we should reject it in order to avoid the paradox. (shrink)

In Willing, Wanting, Waiting, Richard Holton lays out a detailed account of resolutions, arguing that they enable agents to resist temptation. Holton claims that temptation often leads to inappropriate shifts in judgment, and that resolutions are a special kind of first- and second-order intention pair that blocks such judgment shift. In this paper, I elaborate upon an intuitive but underdeveloped objection to Holton’s view – namely, that his view does not enable agents to successfully block the transmission of temptation in (...) the way that he claims, because the second-order intention is as equally susceptible to temptation as the first-order intention alone would be. I appeal to independently compelling principles – principles that Holton should accept, because they help fill an important explanatory gap in his account – to demonstrate why this objection succeeds. This argument both shows us where Holton’s view goes wrong and points us to the kind of solu-tion we need. In conclusion, I sketch an alternative account of resolutions as a first-order intention paired with a second-order desire. I argue that my account is not susceptible to the same objection because a temptation that cannot be blocked by an intention can be blocked by a desire. (shrink)

The article studies two especific forms of social interaction, linguistically mediated: promises and threats. Two pregnant theoretical accounts are to be considered here. Firstly, the analysis propounded within the framework of Game Theory, assuming an intentionalist account of human agency and an instrumentalist concept of rationality; and secondly, the attempt carried out by Speech Acts theorists. In the first case, it can be shown that the theoretical premisses are insufficient to offer a proper account of such basic forms of social (...) interchange. This result gives indirect support, so it is argued, to the second theoretical framework considered. Yet some of the solutions offered seem to be also unsatisfactory. Reasons are given of why it is so, and an attempt of solution, within the same theoretical framework, is suggested. (shrink)

Accepting a promise is normatively significant in that it helps to secure promissory obligation. But what is it for B to accept A’s promise to φ? It is in part for B to intend A’s φ-ing. Thinking of acceptance in this way allows us to appeal to the distinctive role of intentions in practical reasoning and action to better understand the agency exercised by the promisee. The proposal also accounts for rational constraints on acceptance, and the so-called directedness of promissory (...) obligation. Finally, the proposal, conjoined with Cognitivism about intentions, addresses recent criticism of Scanlon’s expectation-based view of promissory obligation. (shrink)

This is a formal and systematic study of the logical foundations of speech act theory. The study of speech acts has been a flourishing branch of the philosophy of language and linguistics over the last two decades, and John Searle has of course himself made some of the most notable contributions to that study in the sequence of books Speech Acts, Expression and Meaning and Intentionality. In collaboration with Daniel Vanderveken he now presents the first formalised logic of a general (...) theory of speech acts, dealing with such things as the nature of an illocutionary force, the logical form of its components, and the conditions of success of elementary illocutionary acts. The central chapters present a systematic exposition of the axioms and general laws of illocutionary logic. (shrink)

Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, duties (...) imposed by other people’s rights are socially constructed. (3) Whether something constitutes a good, however, will often be determined by human nature—which is not socially constructed. (shrink)

Why do promises give rise to reasons? I consider a quadruple of possibilities which I think will not work, then sketch the explanation of the normativity of promising I find more plausible—that it is constitutive of the practice of promising that promise-breaking implies liability for blame and that we take liability for blame to be a bad thing. This effects a reduction of the normativity of promising to conventionalism about liability together with instrumental normativity and desire-based reasons. This is important (...) for a number of reasons, but the most important reason is that this style of account can be extended to account for nearly all normativity—one notable exception being instrumental normativity itself. Success in the case of promises suggests a general reduction of normativity to conventions and instrumental normativity. But success in the cases of promises is already quite interesting and does not depend essentially the general claim about normativity. (shrink)

This short work examines what the Hippocratic Oath said to Greek physicians 2400 years ago and reflects on its relevance to medical ethics today. Drawing on the writings of ancient physicians, Greek playwrights, and modern scholars, each chapter explores one passage of the Oath and concludes with a modern case discussion. This book is for anyone who loves medicine and is concerned about the ethics and history of the profession.

What are our reasons for acting? Morality purports to give us these reasons, and so do norms of prudence and the laws of society. The theory of practical reason assesses the authority of these potentially competing claims, and for this reason philosophers with a wide range of interests have converged on the topic of reasons for action. This volume contains eleven essays on practical reason by leading and emerging philosophers. Topics include the differences between practical and theoretical rationality, practical conditionals (...) and the wide-scope ought, the explanation of action, the sources of reasons, and the relationship between morality and reasons for action. The volume will be essential reading for all philosophers interested in ethics and practical reason. (shrink)

Promising is clearly a social practice or convention. By uttering the formula, “I hereby promise to do X,” we can raise in others the expectation that we will in fact do X. But this succeeds only because there is a social practice that consists (inter alia) in a disposition on the part of promisers to do what they promise, and an expectation on the part of promisees that promisers will so behave. It is equally clear that, barring special circumstances of (...) some kind, it is morally wrong for promisers to fail to do what they have promised to do. What is perhaps less clear is how the moral wrongness that is involved when promises are broken is related to the social practice that makes promising possible in the first place. (shrink)

Natural Law and Natural Rights is widely recognised as a seminal contribution to the philosophy of law, and an essential reference point for all students of the subject. This new edition includes a substantial postscript by the author responding to thirty years of comment, criticism, and further work in the field.

In “On duties to oneself,” Marcus G. Singer argued that, contrary to long established philosophical tradition, there are no duties to oneself. Singer observes that to have a duty is to be accountable to someone for that duty’s fulfillment, and while she to whom a duty is owed may release the person who has the duty from being bound to fulfill it, the latter cannot release herself from the duty. For releasing oneself from a duty is no different from simply (...) opting not to fulfill it, which would make the duty no more than a mere option and rob it of its categorical character. Singer thus argues that (a) A has a duty against herself; (b) if A has a duty against herself, then A is accountable to herself for the duty’s performance; (c) if A has a duty against herself, A can release herself from the duty; and (d) because a person is accountable to the individual owed the duty for its fulfillment, no one can release herself from an obligation, form an inconsistent set. (shrink)

Winner of the 1975 National Book Award, this brilliant and widely acclaimed book is a powerful philosophical challenge to the most widely held political and social positions of our age--liberal, socialist, and conservative.

In der 1785 veröffentlichten Grundlegung zur Metaphysik der Sitten formuliert Kant erstmals die Prinzipien einer universalistischen Ethik der Autonomie, deren Einfluß bis heute ungebrochen ist. Schon beim Übergang von der gemeinen zur philosophischen Vernunfterkenntnis findet man die Hauptgedanken: In der Ethik geht es nicht primär um das gute Leben und das Glück, und es geht auch zunächst nicht darum, welche Handlungserfolge erzielt werden; Gegenstand moralischer Hochschätzung sind vielmehr Intentionen und Maximen. Gut ist, was für alle vernünftigen Wesen gilt, weil es (...) von ihnen als autonomen und vernünftigen Wesen gewollt wird. Die Schrift ist kurz, einfach gegliedert und verständlich geschrieben. Sie eignet sich daher als Einführung in Kants Ethik, enthält aber zugleich als Grundlegung alle wesentlichen Gedanken seiner praktischen Philosophie. Auf der Grundlage der Originalausgabe von 1785/86 wurde der Text völlig neu erstellt. Eines der wichtigsten Bücher der Philosophiegeschichte liegt damit in einer zuverlässigen und preisgünstigen Neuausgabe vor. (shrink)

Kantian moral theories must explain how their most basic moral values of dignity and autonomy should be interpreted and applied to human conditions. One place Kantians should look for inspiration is, surprisingly, the utilitarian tradition and its emphasis on generally accepted, informally enforced, publicly known moral rules of the sort that help us give assurances, coordinate our behavior, and overcome weak wills. Kantians have tended to ignore utilitarian discussions of such rules mostly because they regard basic moral principles as a (...) priori requirements that cannot be tailored to human foibles and limitations. I argue that Kantian moral theories should incorporate public moral rules as mid-level moral requirements for embodied and socially embedded human agents. I explain how certain specific moral judgments about how we ought to act are justified by public moral rules, which are themselves justified by more fundamental moral requirements. (shrink)

On some popular accounts of promissory obligation, a promise creates an obligation to the person to whom the promise is made . On such accounts, the wrong involved in breaking a promise is a wrong committed against a promisee. I will call such accounts ‘directed obligation’ accounts of promissory obligation. While I concede that directed obligation accounts make good sense of many of our promissory obligations, I aim to show that directed obligation accounts, at least in their current forms, cannot (...) accommodate an obligation to keep deathbed promises. While the term 'deathbed promise' refers to any promise made to a person who is dying, I focus specifically on deathbed promises which will not, or even cannot, be fulfilled until after the promisee's death. In what follows, I examine two prominent types of directed obligation account: rights-based accounts, which argue that a promissory obligation is a directed obligation because a promise gives the promisee certain rights, and harm accounts, which argue that a promissory obligation is a directed obligation because a promise puts the promisee in a special position to be harmed. I argue that neither version can accommodate an obligation to keep deathbed promises. (shrink)

Considerable attention has been devoted to the peculiar obligating force of interpersonal promises. But paradigmatic promising is not an orphan in the family of our moral concepts, and the focus on interpersonal promises has overshadowed sibling phenomena that any account of promises should also cover. I examine the case of single-party promises and argue, against the prevailing view, that we have good reason to take the phenomenon of making promises to oneself seriously. This supports what I call ‘the breadth criterion’: (...) theoretical accounts of promising should cover the entire breadth of the phenomenon of promising. I then argue that the breadth criterion poses a novel and formidable obstacle for two prominent views of promising, the social practice view and the expectation view. I conclude by suggesting that there is reason to think that the normative power view of promising may fare better. (shrink)

This new essay collection by distinguished philosopher Margaret Gilbert provides a richly textured argument for the importance of joint commitment in our personal and public lives. Topics covered by this diverse range of essays range from marital love to patriotism, from promissory obligation to the unity of the European Union.

Shaping the Normative Landscape is an investigation of the value of obligations and of rights, of forgiveness, of consent and refusal, of promise and request. David Owens shows that these are all instruments by which we exercise control over our normative environment.

Utilitarians are supposed to have difficulty accounting for our obligation to keep promises. But utilitarians also face difficulties concerning our obligation to make promises. Consider any situation in which the options available to me are acts A, B, C… n, and A is utility maximizing. Call A+ the course of action consisting of A plus my promising to perform A. Since there appear to be a wide range of instances in which A+ has greater net utility then A, utilitarianism obligates (...) us to make far more promises than even the most expansive views concerning our obligations to make promises would acknowledge. (shrink)