David Hume's Treatise of Human Nature, composed before the author was twenty-eight years old, was published in 1739 and 1740. In revising the late L.A. Selby-Bigge's edition of Hume's Treatise Professor Nidditch corrected verbal errors and took account of Hume's manuscript amendments. He also supplied the text of theof the Treatise following the original 1740 edition and provided an apparatus of variant readings.

For this second edition, the editors have returned to Austin's original lecture notes, amending the printed text where it seemed necessary.

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.

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)

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)

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)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

I Can we make promises to ourselves? This is a question that has not received much consideration in the large body of philosophical work on promising. And in what commentary there is, the answer is uniformly negative. I think this negativity is a mistake, and that the conventional view that we can't make reflexive promises is wrong. I also think that this has some important implications for promissory theory in general. In what follows, I will attempt to argue for the (...) first of these two claims, and to briefly outline my reasons for the second. (shrink)

Contract as Promise is a study of the philosophical foundations of contract law in which Professor Fried effectively answers some of the most common assumptions about contract law and strongly proposes a moral basis for it while defending the classical theory of contract. This book provides two purposes regarding the complex legal institution of the contract. The first is the theoretical purpose to demonstrate how contract law can be traced to and is determined by a small number of basic moral (...) principles. At the theory level the author shows that contract law does have an underlying, and unifying structure. The second is a pedagogic purpose to provide for students the underlying structure of contract law. At this level of doctrinal exposition the author shows that structure can be referred to moral principles. Together the two purposes support each other in an effective and comprehensive study of contract law. This second edition retains the original text, and includes a new Preface. It also includes a substantial new essay entitled Contract as Promise in the Light of Subsequent Scholarship--Especially Law and Economics which serves as a retrospective of the work accomplished in the last thirty years, while responding to present and future work in the field. (shrink)

The book offers a careful philosophical investigation of the similarities and the much-overlooked differences between contract and promise.

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)

This paper challenges the common assumption that an agreement is an exchange of promises. Proposing that the performance obligations of some typical agreements are simultaneous, interdependent, and unconditional, it argues that no promise-exchange has this structure of obligations. In addition to offering general considerations in support of this claim, it examines various types of promise-exchange, showing that none satisfy the criteria noted. Two forms of conditional promise are distinguished and both forms are discussed. A positive account of agreements as joint (...) decisions founded in a joint commitment is sketched. It is argued that the example agreements represent especially clearly the normative structure of social union. (shrink)

Analyzing the process of keeping promise we identify its sequence structure and its phase sequences in time. This allows us to arrive at a time order principle forming according to which obligation performance cannot precede in time its sufficient or necessary conditions performance. We further observe that a given promise must always be taken as an element of a certain system of promises. As a result we review definitions of the terms sufficient condition and necessary condition as no more allowing (...) their mutual defining, or symmetry . We try to discover the compliance rules concerning the condition – the conditioned vector, the course of events vector and the time vector. We conclude that it indicates an incorrect use if, provided the condition – the conditioned vector complies with the course of events vector, the negative time difference in the descriptive use of sentences involving either the if-then connective or the only if connective is obtained. Only when using sentences for abductive explanation with a dominating epistemic vector the negative difference of time does not indicate erroneous use; however, this is possible only for the term of sufficient condition. We further suggest reviewed definition generalization involving the terms of sufficient condition and necessary condition containing always a parameter element denot-ing a given modality type, or a particular system of rules, laws, etc. Such definition satisfies Brennan’s requirement of a “general formal scheme” where the notion of sufficient condition and necessary condition symmetry does not apply. (shrink)