The task that Hume explicitly sets himself in 3.2 of the Treatise is to identify the motive that renders just actions virtuous and constitutes justice as a virtue. But surprisingly, he never provides a clear account of what this motive is. This is the problem of the missing motive. The goal of this paper is to explain this problem and offer a novel solution. To set up my solution, I analyze a recent proposal from Geoffrey Sayre-McCord and illustrate what it (...) gets right and what it gets wrong. I develop a solution that retains the benefits of his proposal while addressing its defects. The result is a significant advancement in our understanding of Hume’s theory of justice. (shrink)

This paper develops an interpretation of Hume’s accounts of the obligation and value of justice. According to my interpretation, Hume takes the obligation of justice to depend (in part) on the conventions that define the rules of justice realizing a distinctive form of value, which I call functional value. Properly understanding Hume’s accounts, I argue, requires revisionary understandings of his accounts of both the set of things susceptible to fundamental moral evaluation and his view of the nature of utility.

Hume’s account of the scope of justice, many think, is implausibly narrow, apply- ing almost exclusively to respect for property rights. Such a view would indeed be highly objectionable because it would leave out of the scope of justice altogether requirements to keep our promises, obey the law, and refrain from threats and violence (among many others). I argue that Hume’s theory of justice, properly understood, avoids this objection. And seeing how is instructive because once we understand his account correctly, (...) we can appreciate its resources for offering attractive explanations of why a number of diverse phenomena fall within the scope of justice. Overcoming this challenge is a major step- ping stone on the way to seeing Hume’s theory of justice as a genuine competitor with the other dominant theories of justice in the philosophical literature. (shrink)