David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
In order to form a contract at least one of the parties to the bargain must give an undertaking or commitment of the appropriate kind to the other; that is, she must perform a commissive speech act of the right kind. It is widely assumed that the speech act in question is a promise. Indeed it is standard textbook fare that a contract is a promise (or an exchange of promises) that the law will enforce. This assumption underlies the venerable tradition in contract theory of arguing that the morality of promise-keeping bears or ought to bear importantly on the content of the law of contract. In this paper I argue that this assumption is false. By way of a critical examination of Seana Shiffrin's impressive recent contribution to this theoretical tradition, I argue that the commissive speech act by means of which a contract is formed is not the same speech act as that by means of which we voluntarily undertake moral obligations to others.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Brian Bix (2010). Contracts. In Franklin G. Miller & Alan Wertheimer (eds.), The Ethics of Consent: Theory and Practice. Oxford University Press
B. I. X. H. (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
Brian Bix (2008). Contract Rights and Remedies, and the Divergence Between Law and Morality. Ratio Juris 21 (2):194-211.
Roy Turner (1985). Speech and the Social Contract. Inquiry 28 (1-4):43 – 53.
Thomas Donaldson (1990). Social Contracts and Corporations: A Reply to Hodapp. [REVIEW] Journal of Business Ethics 9 (2):133 - 137.
Paul F. Hodapp (1990). Can There Be a Social Contract with Business? Journal of Business Ethics 9 (2):127 - 131.
Kimberly K. Smith (2008). Animals and the Social Contract. Environmental Ethics 30 (2):195-207.
Jeffrey Lipshaw (2008). Objectivity and Subjectivity in Contract Law: A Copernican Response to Professor Shiffrin. Canadian Journal of Law and Jurisprudence 21 (2):399-410.
Added to index2009-01-28
Total downloads26 ( #155,025 of 1,911,757 )
Recent downloads (6 months)5 ( #144,933 of 1,911,757 )
How can I increase my downloads?