By Hanoch Sheinman
ISBN-10: 0195377958
ISBN-13: 9780195377958
Provides and agreements are in every single place; we make, obtain, retain, and holiday them each day. the hunt to appreciate those social practices is indispensable to realizing ourselves as social creatures. The research of provides and agreements is having fun with a renaissance in lots of parts of social philosophy, together with philosophy of language, motion conception, normative ethics, price idea, and felony philosophy. This quantity is the 1st selection of philosophical papers on supplies and agreements, bringing jointly 16 unique self-standing contributions to the philosophical literature. The participants spotlight the various extra attention-grabbing points of the ever present social phenomena of offers and agreements from diversified philosophical views.
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Additional resources for Promises and Agreements: Philosophical Essays
Example text
Is my legal obligation not to harm others through my negligent harm, or simply not to do so without compensation? Second, let us acquiesce in the familiar Realist assumption that the unavailability of specific performance and/or punitive damages just means that the law never requires parties to perform the very action their contract specifies, only to perform that action or pay its value. Does this prove the claim that there is no obligation to keep contracts? Not necessarily. For why should we not take this assumption to prove, alternatively, that all contracts are option contracts to perform the acts they specify or pay their value?
So let us simply grant this claim too. Even so, substituting (2’) for (2) requires us to reconstruct the rest of the argument as follows: (3¢) Therefore, there is a moral obligation to keep promises, but the law expresses the message that there is no moral obligation to keep contracts. (4¢) Therefore, the judgment the law expresses about our moral obligation to keep contracts can diverge from the truth about our moral obligation to keep promises. 43 Nevertheless (2’) is an interesting claim in its own right: What moral judgment, if any, does the law express by the doctrines described in (a), (b), and (c)?
7) When one has a moral obligation to keep one’s promise, does that obligation derive from the good- or right-making properties of some (actual or hypothetical) promising practice? Like question (2), question (7) has preoccupied participants in the general debate over the relation between promises and practices. It is a very different question, however. Those who answer (7) affirmatively typically believe that the moral status of promise-keeping or -breaking acts is a matter of their conformity to justified rules or principles, which rules or principles are justified by their good- or right-making properties—or, more accurately, by the goodor right-making properties of their general acceptance as public standards of behavior.
Promises and Agreements: Philosophical Essays by Hanoch Sheinman
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