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Does a Promise Transfer a Right?

In George Letsas, Prince Saprai & Gregory Klass (eds.), Philosophical Foundations of Contract Law. Oxford University Press. pp. 78-95 (2014)

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  1. Do Promises Towards Fossil Fuel Owners Matter?Rutger Lazou - 2024 - Moral Philosophy and Politics 11 (1):169-194.
    While the energy transition is needed more than ever, for some agents it brings significant losses. This article investigates whether fossil fuel owners could refer to promises to avoid having their assets stranded. It explains how authors, in the context of just transitions, have argued for the normative relevance of Rawlsian legitimate expectations, which refer to promissory entitlements. However, it argues that the normative relevance of promises towards fossil fuel owners is limited, because there are only few promises about what (...)
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  • Political Consent, Promissory Fidelity and Rights Transfers in Grotius.Laetitia Ramelet - 2019 - Grotiana 40 (1):123-145.
    Grotius is now widely acknowledged as an important figure in early modern contractual and consensual theories of political authority and legitimacy. However, as his thoughts on these debates are disseminated throughout his works rather than systematically ordained, it remains difficult to assess what, if anything, constitutes his distinctive mark. In the present paper, I will argue that his works contain a combination of two conceptual elements that have come to constitute a salient characteristic of early modern contract and consent theories: (...)
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  • Promises and Conflicting Obligations.David Owens - 2016 - Journal of Ethics and Social Philosophy 11 (1):93-108.
    This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. (...)
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  • Promises, Rights, and Deontic Control.Crescente Molina - 2020 - Law and Philosophy 39 (4):409-426.
    This article argues that the notion of a promissory right captures a central feature of the morality of promising which cannot be explained by the notion of promissory obligation alone: the fact that the promisee acquires a full range of control over the promisor’s obligation. It defends two main claims. First, it argues that promissory rights are distinctively grounded in our interest in controlling others’ deontic world. Second, it proposes a version of the ‘Interest Theory’ of rights that incorporates our (...)
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