Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition. This reissue makes the first edition once again available for scholars and serious students of Rawls's work.

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)

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.

There is a strong moral presumption against the use of coercion, and those who are coerced seem to be less responsible for the actions they were coerced to perform. Both these considerations seem to reflect the effect of coercion on the victim’s choice. This paper examines three ways of understanding this effect. First, I argue against understanding victims as unable to engage in genuine action. Next, I consider the suggestion that victims are unable to consent to participate in the coercer’s (...) plan. Although this suggestion is promising, I argue that the inability to consent reflects a more basic problem. Victims are unable to exercise what I call ‘normative authority’: they are unable to make discretionary changes in the permissions and obligations that they and others have. This final account yields a compelling understanding of why coercion is impermissible when it is and reveals a unique way in which impermissible coercion affects the responsibility of victims. (shrink)

This article offers a critique of Thomas Scanlon's well-known account of promissory obligation by reference to the rights of promisees. Scanlon's account invokes a moral principle, the "principle of fidelity". Now, corresponding to a promisor's obligation to perform is a promisee's right to performance. It is argued that one cannot account for this right in terms of Scanlon's principle. This is so in spite of a clause in the principle relating to the promisee's "consent", which might have been thought to (...) do the trick. Most likely this argument can be applied to all "moral principle" accounts of promissory obligation. An alternative both to these and to "social practice" accounts is needed. (shrink)

In this paper I develop a conception of joint practical deliberation as a special type of shared cooperative activity, through which co-deliberators jointly accept reasons as applying to them as a pair or group. I argue, moreover, that the aspiration to deliberative “pairhood” is distinguished by a special concern for mutuality that guides each deliberator’s readiness to accept a given consideration as a reason-for-us. It matters to each of us, as joint deliberators, that each party’s (individual) reasons for accepting something (...) as a reason-for-us support a conception of our relationship as one characterized by mutual, non-instrumental concern for one another. (shrink)

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

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.

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions. Other nonconventionalist accounts make problematic concessions to the conventionalist's core (...) instincts, including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer. I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

The explanatory gap . Consciousness is a mystery. No one has ever given an account, even a highly speculative, hypothetical, and incomplete account of how a physical thing could have phenomenal states. Suppose that consciousness is identical to a property of the brain, say activity in the pyramidal cells of layer 5 of the cortex involving reverberatory circuits from cortical layer 6 to the thalamus and back to layers 4 and 6,as Crick and Koch have suggested for visual consciousness. .) (...) Still, that identity itself calls out for explanation! Proponents of an explanatory gap disagree about whether the gap is permanent. Some say that we are like the scientifically naive person who is told that matter = energy, but does not have the concepts required to make sense of the idea. If we can acquire these concepts, the gap is closable. Others say the gap is uncloseable because of our cognitive limitations. Still others say that the gap is a consequence of the fundamental nature of consciousness. (shrink)

I present a set of cases that pose problems for existing theories of promissory uptake. These cases involve a delayed receipt and/or acceptance of a promise, though the obligation arises before the receipt or acceptance has taken place; a delay or absence of agency on the part of the promisee—making it impossible to satisfy the various suggested uptake criteria, though promissory obligation is nonetheless generated; and the promise is made to someone, de dicto—that is, the person who will be the (...) promisee has not yet been filled in at the time when the obligation begins. I identify clues within each theory of promising to determine the temporal and agency-related boundaries on promissory obligation. I then introduce the backward reach of uptake. (shrink)

The power to promise is morally fundamental and does not, at its foundation, derive from moral principles that govern our use of conventions. Of course, many features of promising have conventional components—including which words, gestures, or conditions of silence create commitments. What is really at issue between conventionalists and nonconventionalists is whether the basic moral relation of promissory commitment derives from the moral principles that govern our use of social conventions.Other nonconventionalist accounts make problematic concessions to the conventionalist's core instincts, (...) including embracing: the view that binding promises must involve the promisee's belief that performance will occur; the view that through the promise, the promisee and promisor create a shared end; and the tendency to take promises between strangers, rather than intimates, as the prototypes to which a satisfactory account must answer.I argue against these positions and then pursue an account that finds its motivation in their rejection. My main claim is: the power to make promises, and other related forms of commitment, is an integral part of the ability to engage in special relationships in a morally good way. The argument proceeds by examining what would be missing, morally, from intimate relationships if we lacked this power. (shrink)

Empirical findings suggest that temptation causes agents not only to change their desires, but also to revise their beliefs, in ways that are not necessarily irrational. But if this is so, how can it be rational to maintain a resolution to resist? For in maintaining a resolution it appears that one will be acting against what one now believes to be best. This paper proposes a two-tier account according to which it can be rational neither to reconsider the question of (...) what one is going to do nor the question of what it is best to do; hence in the resolute agent the change in belief is not actual but merely potential. Various reasons are given for thinking that the resulting account is preferable to an alternative given by Bratman. (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)

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)

In this paper, I shall be concerned to explore the utilitarian account of promising, which for some time has had, in many circles, the status of a dead horse. My aim is not to flog it, however, but to show that perhaps it yet lives. At least, I hope to show that some prominent and apparently powerful objections to this account do not find their mark. In the course of this, several subjects of wider interest will come in for review (...) as well, and it is hoped that some further light on the utilitarian position in general, as well as the concepts of expectation and obligation, may glimmer forth.At the outset, some clarification of the question at issue about promising is essential. Briefly, the question is: why ought we to keep our promises? Less question-beggingly put: why, if at all, should we keep promises, and to what extent?; where by talk of ‘extent’ it is meant that the question of whether we sometimes should not keep them, of its being a matter of attaching a “degree of stringency” to the obligation, is to be kept open. (shrink)

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken (...) for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest. (shrink)