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Promises

Edited by Allen Habib (University of Calgary)
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  1. John K. Alexander (2005). Promising, Professional Obligations, and the Refusal to Provide Service. HEC Forum 17 (3):178-195.
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  2. Clifford Allbutt (1925). The Doctor's Oath: The Early Forms of the Hippocratic Oath. With Translations and an Essay. By W. H. S. Jones. One Vol. Pp. 62; 2 MSS. Facsimiles and Medieval Effigy of Hippocrates on Cover. Cambridge: University Press, MCMXXIV. 7s. 6d. [REVIEW] The Classical Review 39 (5-6):139-.
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  3. David Alm (2011). Promises, Rights and Claims. Law and Philosophy 30 (1):51-76.
    The paper argues that promise rights presuppose independently existing (if not pre-existing) claims. The argument relies on the Bifurcation Thesis, according to which all claims, and all rights, can be exhaustively divided into two categories: capacity based and exercise based.
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  4. G. E. M. Anscombe (1978). Rules, Rights, and Promises. Midwest Studies in Philosophy 3 (1):318-323.
  5. G. E. M. Anscombe (1969). On Promising and Its Justice, and Whether It Needs Be Respected In Foro Interno. Crítica 3 (7/8):61 - 83.
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  6. Lennart Åqvist (2003). Some Remarks on Performatives in the Law. Artificial Intelligence and Law 11 (2-3):105-124.
    This paper contains an analysis of performatives with special attention to performatives in the law. It deals with the possibility to recognise performativity by means of a grammatical-syntactic criterion, the self-verifying and norm-promulgating character of legal performatives, an analysis of the effects of performatives by means of causal logic, the different forms of performativity and a theory of promise-performatives.
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  7. Pall S. Ardal (1979). Threats and Promises: A Reply to Vera Peetz. Mind 88 (352):586-587.
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  8. Páll S. Árdal (1979). Threats and Promises: A Reply to Vera Peetz. Mind 88 (352):586 - 587.
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  9. Páll S. Árdal (1976). Promises and Reliance. Dialogue 15 (01):54-61.
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  10. Páll S. Árdal (1969). Reply to New on Promises. Philosophical Quarterly 19 (76):260-262.
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  11. Páll S. Árdal (1968). And That's a Promise. Philosophical Quarterly 18 (72):225-237.
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  12. P. S. Atiyah (1981/1982). Promises, Morals, and Law. Clarendon Press.
    Chapter Promising in Law and Morals Promissory and contractual obligations raise many issues of common interest to philosophers and lawyers. ...
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  13. P. S. Atiyah (1979). Promises and the Law of Contract. Mind 88 (351):410-418.
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  14. Robin Attfield (2001). Are Promises to Repay International Debt Binding? Journal of Social Philosophy 32 (4):505–511.
  15. Kent Bach (1995). Terms of Agreement. Ethics 105 (3):604-612.
    Can two promises add up to an agreement? Not according to Margaret Gilbert. 1 She has forcefully challenged the orthodox view that an agreement is an exchange of promises. She works through an intricate series of examples of promise-exchanges and argues that none qualifies as an agreement. Assuming that she has not overlooked any plausible candidates, she concludes that agreements are essentially different. It seems, however, that her examples are all exchanges of promises only in an attenuated sense of "exchange." (...)
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  16. Donald R. Barker (1972). Hypothetical Promising and John R. Searle. Southwestern Journal of Philosophy 3 (3):21-34.
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  17. Elton Barker (2007). Sanctified Violence in Homeric Society: Oath-Making Rituals and Narratives in the Iliad (Review). Classical World 101 (1):117-118.
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  18. Katharine Bath (1979). Promises and Assertions. Philosophia 8 (4):519-547.
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  19. Michael D. Bayles (1985). Legally Enforceable Commitments. Law and Philosophy 4 (3):311 - 342.
    A continuing issue of contract law is what purported contracts should be legally enforced. This article considers what principles rational persons would want courts to use in enforcing commitments in a society in which they expected to live. By reviewing the promise, economic value, and reasonable expectations approaches, the principles of freedom of transfer, enforceable commitments, and collective good are developed. Then, less general principles of consideration, past benefits, reliance, gratuitous commitments, and contract modification are presented. These latter principles specify (...)
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  20. Dr Sieghard Beller, Andrea Bender & Gregory Kuhnm (2005). Understanding Conditional Promises and Threats. Thinking and Reasoning 11 (3):209 – 238.
    Conditional promises and threats are speech acts that are used to manipulate other people's behaviour. Studies on human reasoning typically use propositional logic to analyse what people infer from such inducements. While this approach is sufficient to uncover conceptual features of inducements, it fails to explain them. To overcome this limitation, we propose a multilevel analysis integrating motivational, linguistic, deontic, behavioural, and emotional aspects. Commonalities and differences between conditional promises and threats on various levels were examined in two experiments. The (...)
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  21. Claire Benn (2014). What is Wrong with Promising to Supererogate. Philosophia 42 (1):55-61.
    There has been some debate as to whether or not it is possible to keep a promise, and thus fulfil a duty, to supererogate. In this paper, I argue, in agreement with Jason Kawall, that such promises cannot be kept. However, I disagree with Kawall’s diagnosis of the problem and provide an alternative account. In the first section, I examine the debate between Kawall and David Heyd, who rejects Kawall’s claim that promises to supererogate cannot be kept. I disagree with (...)
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  22. R. Bernasconi (1997). Opening the Future: The Paradox of Promising in the Hobbesian Social Contract. Philosophy Today 41 (1):77-86.
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  23. J. M. Bernstein (2010). Promising and Civil Disobedience : Arendt's Political Modernism. In Roger Berkowitz, Jeffrey Katz & Thomas Keenan (eds.), Thinking in Dark Times: Hannah Arendt on Ethics and Politics. Fordham University Press.
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  24. A. R. Birley (1962). The Oath Not to Put Senators to Death. The Classical Review 12 (03):197-199.
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  25. Brian Bix (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
    There is an ongoing debate in the philosophical and jurisprudential literature regarding the nature and possibility of Contract theory. On one hand are those who argue (or assume) that there is, or should be, a single, general, universal theory of Contract Law, one applicable to all jurisdictions and all times. On the other hand are those who assert that Contract theory should be localized to particular times and places, perhaps even with different theories for different types of agreements. This article (...)
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  26. Vincent Blok (2013). The Power of Speech Acts: Reflections on a Performative Concept of Ethical Oaths in Economics and Business. Review of Social Economy 71 (2):187-208.
    Ethical oaths for bankers, economists and managers are increasingly seen as successful instruments to ensure more responsible behaviour. In this article, we reflect on the nature of ethical oaths. Based on John Austin's speech act theory and the work of Emmanuel Levinas, we introduce a performative concept of ethical oaths that is characterised by (1) the existential self-performative of the one I want to be, which is (2) demanded by the public context. Because ethical oaths are (3) structurally threatened by (...)
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  27. Elizabeth Brake (2012). Minimizing Marriage: Marriage, Morality, and the Law. OUP USA.
    Even in secular and civil contexts, marriage retains sacramental connotations. Yet what moral significance does it have? This book examines its morally salient features - promise, commitment, care, and contract - with surprising results. In Part One, "De-Moralizing Marriage," essays on promise and commitment argue that we cannot promise to love and so wedding vows are (mostly) failed promises, and that marriage may be a poor commitment strategy. The book contends with the most influential philosophical accounts of the moral value (...)
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  28. Elizabeth Brake (2011). Is Divorce Promise-Breaking? Ethical Theory and Moral Practice 14 (1):23-39.
    Wedding vows seem to be promises. So they go: I promise to love, honour, and cherish .... But this poses a problem. Divorce is not widely seen as a serious moral wrong, but breaking a promise is. I first consider, and defend against preliminary objections, a ‘hard-line’ response: divorce is indeed prima facie impermissible promise-breaking. I next consider the ‘hardship’ response—the hardship of failed marriages overrides the prima facie duty to keep promises. However, this would release promisors in far too (...)
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  29. Jeffrey Brand-Ballard (2010). Limits of Legality: The Ethics of Lawless Judging. Oxford University Press.
    Introduction -- Practical reasons and judicial use of force -- Deviating from legal standards -- The legal duties of judges -- The normative classification of legal results -- Reasons to deviate -- Adherence rules -- Obeying adherence rules -- The judicial oath -- Legal duty and political obligation -- Systemic effects -- Agent-relative principles -- Optimal adherence rules -- Guidance rules -- Treating like cases alike -- Implementation -- Theoretical implications -- Conclusion.
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  30. John Briscoe (1971). The Imperial Oath of Allegiance. The Classical Review 21 (02):260-.
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  31. John Briscoe (1971). The Imperial Oath of Allegiance Peter Herrmann: Der römische Kaisereid: Untersuchungen zu seiner Herkunft und Entwicklung. (Hypomnemata, 20.) Pp. 132. Göttingen: Vandenhoeck & Ruprecht, 1969. Paper, DM. 21. [REVIEW] The Classical Review 21 (02):260-263.
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  32. Richard Bronaugh (1983). A Secret Paradox of the Common Law. Law and Philosophy 2 (2):193 - 232.
    This essay recounts a fascinating if complicated piece of Anglo-American debate. My aim is to reach a conclusion about the importance of the notion of changing one's normative position as part of the act of giving sufficient consideration for a legal contract. In several journals and textbooks between 1894 and 1918 the major contract scholars of the time, e.g., Langdell, Anson, Pollock, Williston, Ames, and Corbin, discussed a special example which was thought to reveal a paradox in the common law (...)
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  33. Richard Bronaugh (1982). Contract as Promise, A Theory of Contractual Obligation. Philosophical Books 23 (3):171-172.
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  34. D. G. Brown (1989). More on Self-Enslavement and Paternalism in Mill. Utilitas 1 (01):144-.
  35. B. Sharon Byrd (2010). Kant's Doctrine of Right: A Commentary. Cambridge University Press.
    Introduction and methods of interpretation -- The idea of the juridicial state and the postulate of public law -- The state of nature and the three leges -- Iustitia tutatrix, iustitia commutativa, and iustitia distributiva and their differences -- The right to freedom -- The permissive law in the Doctrine of right -- The external mine and thine -- Intelligible possession of land -- The "state in the idea" -- The state in reality -- International and cosmopolitan law -- The (...)
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  36. David Carrier (1988). Gavin Hamilton's Oath of Brutus and David's Oath of the Horatii. The Monist 71 (2):197-213.
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  37. Alisa L. Carse & Lynne Tirrell (2010). Forgiving Grave Wrongs. In Christopher Allers & Marieke Smit (eds.), Forgiveness In Perspective. Rodopi Press.
    We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure the moral (...)
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  38. Thomas L. Carson (2005). Ross and Utilitarianism on Promise Keeping and Lying: Self‐Evidence and the Data of Ethics. Philosophical Issues 15 (1):140–157.
    An important test of any moral theory is whether it can give a satisfactory account of moral prohibitions such as those against promise breaking and lying. Act-utilitarianism (hereafter utilitarianism) implies that any act can be justified if it results in the best consequences. Utilitarianism implies that it is sometimes morally right to break promises and tell lies. Few people find this result to be counterintuitive and very few are persuaded by Kant’s arguments that attempt to show that lying is always (...)
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  39. W. R. Carter (1973). On Promising the Unwanted. Analysis 33 (3):88 - 92.
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  40. W. R. Carter (1969). Grice on Promising on Condition. Analysis 30 (1):31 - 32.
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  41. J. P. W. Cartwright (1984). An Evidentiary Theory of Promises. Mind 93 (370):230-248.
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  42. G. L. Cawkwell (1975). The Oath of Plataea Peter Siewert: Der Eid von Plataiai. (Vestigia, 16.) Pp. Xi+118. Munich: Beck, 1972. Cloth, DM.26. The Classical Review 25 (02):263-265.
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  43. Ruth Chang (forthcoming). &Quot;commitment, Reasons, and the Will&Quot;. Oxford Studies in Metaethics.
    This paper 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 (...)
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  44. Michael Cholbi (2014). A Plethora of Promises — or None at All. American Philosophical Quarterly 51 (3):261-272.
    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 (...)
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  45. Michael Cholbi (2002). A Contractualist Account of Promising. Southern Journal of Philosophy 40 (4):475-91.
    T.M. Scanlon (1998) proposes that promise breaking is wrong because it shows manipulative disregard for the expectations for future behavior created by promising. I argue that this account of promissory obligation is mistaken in it own right, as well as being at odds with Scanlon's contractualism. I begin by placing Scanlon's account of promising within a tradition that treats the creation of expectations in promise recipients as central to promissory obligation. However, a counterexample to Scanlon's account, his case of the (...)
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  46. Rachel Cohon (2006). Hume on Promises and the Peculiar Act of the Mind. Journal of the History of Philosophy 44 (1):25-45.
    : Hume's account of the virtue of fidelity to promises contains two surprising claims: 1) Any analysis of fidelity that treats it as a natural (nonconventional) virtue is incorrect because it entails that in promising we perform a "peculiar act of the mind," an act of creating obligation by willing oneself to be obligated. No such act is possible. 2) Though the obligation of promises depends upon social convention, not on such a mental act, we nonetheless "feign" that whenever someone (...)
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  47. Earl Conee (2000). The Moral Value in Promises. Philosophical Review 109 (3):411-422.
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  48. Cristina Corredor (2001). A Comment on Threats and Communicative Rationality. Theoria 16 (1):147-166.
    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 (...)
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  49. Deniz Coskun (2007). The Linguistic Turn of Social Contract Theory: Ernst Cassirer and the Conditions for the Possibility of a Promise. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 20 (2):129-158.
    In this paper, we explore Cassirer’s view of social contract theory. We maintain that Cassirer has established a linguistic turn of social contract theory, by exploring the conditions for the possibility of a promise. For that purpose Cassirer’s theory of the linguistic sign, as inspired by the linguistic theory of Wilhelm von Humboldt, becomes decisive, because of its specific nature and direction into the future. First, in Section 1, we explore previous social contract theorists, from Nicholas von Cusa to Immanuel (...)
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  50. A. E. Crawley (1934). ... Oath, Curse, and Blessing. London, Watts & Co..
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