It is controversial whether masses (what mass nouns refer to) exist. But on the assumption that they do, here are two uncontroversial facts about them: first, they satisfy a fusion principle which takes any set of masses of kind K and yields a mass fusion of kind K; secondly, a mass must have all and only the same parts at every time at which it exists. These two theses are usually built into the concept 'mass'. I argue that the latter (...) follows from the former. This shows that the concept 'mass' is unified, not gerrymandered. Moreover, since my arguments show that any entity which follows a certain fusion principle is also mereologically constant, and since these two properties are sufficient for being a mass, my arguments make it easier to argue that there are masses. (shrink)

This book is a commentary on volume four of Cassirer’s Philosophy of Symbolic Forms. Cassirer had not completed this volume at the time of his death. The texts related to Cassirer’s preliminary work on it have been assembled and translated recently by John Michael Krois and Donald Phillip Verene. Bayer’s book is a commentary on these texts, and since it is meant only as a commentary, as Verene notes in his introduction, “Bayer does not propose to solve problems that may (...) lie within Cassirer’s metaphysics. Her method of commentary takes the reader progressively through Cassirer’s claims, and she reminds the reader how each point stands in relation to the general themes of Cassirer’s position”. So although the book offers a general and helpful summary of the foundational features of Cassirer’s philosophy, it does not offer a deeper or clearer understanding of it. (shrink)

A familiar feature of moral life is the distinctive anxiety that we feel in the face of a moral dilemma or moral conflict. Situations like these require us to take stands on controversial issues. But because we are unsure that we will make the correct decision, anxiety ensues. Despite the pervasiveness of this phenomenon, surprisingly little work has been done either to characterize this “ moral anxiety” or to explain the role that it plays in our moral lives. This paper (...) aims to address this deficiency by developing an empirically informed account of what moral anxiety is and what it does. (shrink)

Emotion plays an important role in securing social stability. But while emotions like fear, anger, and guilt have received much attention in this context, little work has been done to understand the role that anxiety plays. That’s unfortunate. I argue that a particular form of anxiety—what I call ‘practical anxiety’—plays an important, but as of yet unrecognized, role in norm-based social regulation. More specifically, it provides a valuable form of metacognition, one that contributes to social stability by helping individuals negotiate (...) the challenges that come from having to act in the face of unclear norms. (shrink)

This book is about the various forms of anxiety—some familiar, some not—that color and shape our lives. The objective is two-fold. The first aim is to deepen our understanding of what anxiety is. The second aim is to re-orient thinking about the role of emotions in moral psychology and ethical theory. Here I argue that the current focus on backward looking moral emotions like guilt and shame leaves us with a picture that is badly incomplete. To get a better understanding (...) of emotions’ place in the moral and evaluative domains, we must take note of the important role that forward looking emotions—anxiety in particular—play in moral thought and action. (shrink)

The Charlie Hebdo massacre in January 2015 and the subsequent attacks of November 13 cast a garish light onto a conundrum at the center of how liberal democracies understand themselves. The Syrian emigrant crisis has added further color. How can a tolerant, liberal political culture tolerate the presence of intolerant, illiberal, sub-cultures while remaining true to its principles of tolerance? The problem falls within the intersection of two developments in the thinking of John Rawls, the great American political philosopher (...) who died in 2002. The later Rawls struggled with the problem of how society might stably survive the clash of plural sub-cultures that a liberal society - unless it is oppressively coercive - must itself foster and allow to flourish. And he separately struggled with the problem of how liberal peoples might peacefully share the planet with illiberal, but "decent" peoples elsewhere. This article shows that Rawls's two solutions do not easily mix. (shrink)

This paper argues that Charlie Gard’s parents should have been the decision-makers about their son’s best interests and that determination of Charlie’s best interests depended on a moral decision about which horn of a profound moral dilemma to choose. Charlie’s parents chose one horn of that moral dilemma and the courts, like Charlie Gard’s doctors, chose the other horn. Contrary to the first UK court’s assertion, supported by all the higher courts that considered it, that its (...) judgement was ‘objective’, this paper argues that the judgement was not and could not be ‘objective’ in the sense of objectively correct but was instead a value judgement based on the judge’s choice of one horn of the moral dilemma. While that horn was morally justified so too was the horn chosen by the parents. The court could and should have avoided depriving the parents of their normal moral and legal right and responsibility to decide on their child’s best interests. Instead, this paper argues that the court should have acknowledged the lawfulness of both horns of the moral dilemma and added to its judgement that Charlie Gard’s doctors were not legally obliged to provide treatment that they believed to be against their patient’s best interests the additional judgement that Charlie’s parents could lawfully transfer his care to other doctors prepared to offer the infant a trial of the experimental treatment requested by his parents. (shrink)

Epistemic relationism in the theory of assertion is the view that an assertion's epistemic propriety depends purely on the relation between the asserter and the proposition asserted. Many accounts of assertion are relationist in this sense, including the familiar knowledge, belief, and justification accounts. A notable feature of such accounts is that they give no direct importance to the role of hearer: as far as such accounts are concerned, we need make no mention of hearers in characterising an assertion's propriety (...) conditions. This paper develops an account which rejects relationism, by giving central importance to the role of hearer. The paper introduces the knowledge provision account, according to which an assertion that p is proper only if it is fit to give a hearer knowledge that p. The paper aims to show: (i) that we can understand this account in a way which does not leave it open to obvious counterexamples, (ii) that it does not reduce to any familiar relationist account, and (iii) that it carries certain advantages over familiar relationist accounts. (shrink)

In this paper I draw attention to a shortcoming in Miranda Fricker's 2007 account of hermeneutical injustice: that the only hermeneutical resource she acknowledges is a shared conceptual framework. Consequently, Fricker creates the impression that hermeneutical injustice manifests itself almost exclusively in the form of a conceptual lacuna. Considering the negative hermeneutical impact of certain societal taboos, however, suggests that there can be cases of hermeneutical injustice even when an agent's conceptual repertoire is perfectly adequate. I argue that this observation (...) highlights the need to expand Fricker's account to accommodate a wider range of hermeneutical resources and, in turn, a broader taxonomy of hermeneutical injustice. Specifically, my central case of a societal taboo presses the need to recognize as a valuable hermeneutical resource an expressively free environment, in which individuals can put their conceptual-interpretative resources to good hermeneutical effect. (shrink)

Safety is a notion familiar to epistemologists principally because of the way in which it has been used in the attempt to cast light on the nature of knowledge. In particular, some have argued that an important constraint on knowledge is that one knows p only if one believes p safely. In this paper, I use safety for a different purpose: to cast light on the nature of assertion. I introduce what I call the safety account of assertion, according to (...) which one asserts p properly only if one asserts p safely. The central idea is that an assertion’s propriety depends on whether one could easily have asserted falsely in a similar case. I argue that the safety account is well motivated, since it neatly explains our intuitions about a wide range of assertions of different kinds. Of particular interest is the fact that the account explains our intuitions about several kinds of assertions which appear to raise problems for well-known rival accounts. (shrink)

Despite the now considerable literature on intellectual virtue, there remains relatively little philosophical discussion of intellectual vice. What discussion there is has been shaped by a powerful assumption—that, just as intellectual virtue requires that we are motivated by epistemic goods, intellectual vice requires that we aren't. In this paper, I demonstrate that this assumption is false: motivational approaches cannot explain a range of intuitive cases of intellectual vice. The popularity of the assumption is accounted for by its being a manifestation (...) of a more general understanding of vice as an inversion or mirror image of virtue. I call this the inversion thesis, and argue that the failure of the motivational approach to vice exposes its limitations. I conclude by suggesting that recognizing these limitations can help to encourage philosophical interest in intellectual vice. (shrink)

According to psychological constructivism, emotions result from projecting folk emotion concepts onto felt affective episodes (e.g., Barrett 2017, LeDoux 2015). Moreover, while constructivists acknowledge there’s a biological dimension to emotion, they deny that emotions are (or involve) affect programs. So they also deny that emotions are natural kinds. However, the essential role constructivism gives to felt experience and folk concepts leads to an account that’s extensionally inadequate and functionally inaccurate. Moreover, biologically-oriented proposals that reject these commitments are not similarly encumbered. (...) Recognizing this has two implications: biological mechanisms are more central to emotion than constructivism allows, and the conclusion that emotions aren’t natural kinds is premature. (shrink)

The philosophy of Spinoza is increasingly recognised as holding a position of crucial importance and influence in early modern thought, and in previous years has been the focus of a rich and growing body of scholarship. In this volume of essays, leading experts in the field offer penetrating analyses of his views about God, necessity, imagination, the mind, knowledge, history, society, and politics. The essays treat questions of perennial importance in Spinoza scholarship but also constitute critical examinations of his worldview. (...) Scholars of modern philosophy will value this volume as a collection of some of the very best work done on Spinoza's philosophy. (shrink)

Recent work by emotion researchers indicates that emotions have a multi-level structure. Sophisticated sentimentalists should take note of this work—for it better enables them to defend a substantive role for emotion in moral cognition. Contra the rationalist criticisms of May 2018, emotions are not only able to carry morally relevant information but can also substantially influence moral judgment and reasoning.

Can one gain testimonial knowledge from unsafe testimony? It might seem not, on the grounds that if a piece of testimony is unsafe, then any belief based on it in such a way as to make the belief genuinely testimonial is bound itself to be unsafe: the lack of safety must transmit from the testimony to the testimonial belief. If in addition we accept that knowledge requires safety, the result seems to be that one cannot gain testimonial knowledge from unsafe (...) testimony. In a pair of recent papers, however, Sanford Goldberg has challenged this apparently plausible line of thought. Goldberg presents two examples intended to show that a testimonial belief can be safe, even if the testimony on which it is based is unsafe: the lack of safety need not transmit from the testimony to the testimonial belief. In this paper, I question whether Goldberg’s examples really do show that one can gain safe testimonial belief from unsafe testimony. The problem, I explain, is that both examples appear (for different reasons) to be open to objection. Nevertheless, I argue that although Goldberg’s examples do not establish his conclusion, the conclusion itself is true: one can gain safe testimonial belief from unsafe testimony. I base my argument on an example which differs in structure from Goldberg’s examples, and I argue that due to this difference, my example avoids the problems which Goldberg’s examples face. (shrink)

The parents of Charlie Gard, who was born August 4, 2016, with an exceedingly rare and incurable disease called mitochondrial DNA depletion syndrome, fought a prolonged and heated legal battle to allow him access to experimental treatment that they hoped would prolong his life and to prevent his doctors from withdrawing life-sustaining care. Charlie's clinicians at the Great Ormond Street Hospital in London believed that the brain damage Charlie had suffered as a result of frequent epileptic seizures, (...) along with many other severe disabilities, would render any innovative therapy futile, and they disagreed with his parents’ wishes to use an experimental therapy. They felt it in Charlie's best interest that he be allowed to die. A battle ensued among Charlie's parents, his doctors, and a guardian who had been appointed to represent him that drew the attention of politicians and prominent persons from all over the world. The case was much in the news over the past year, but it has also been frequently misunderstood. (shrink)

Much of the commentary in the wake of the Charlie Gard litigation was aimed at apparent shortcomings of the law. These include concerns about the perceived inability of the law to consider resourcing issues, the vagueness of the best interests test and the delays and costs of having disputes about potentially life-sustaining medical treatment resolved by the courts. These concerns are perennial ones that arise in response to difficult cases. Despite their persistence, we argue that many of these criticisms (...) are unfounded. The first part of this paper sets out the basic legal framework that operates when parents seek potentially life-sustaining treatment that doctors believe is against a child’s best interests, and describes the criticisms of that framework. The second part of the paper suggests an alternative approach that would give decision-making power to parents, and remove doctors’ ability to unilaterally withhold or withdraw life-sustaining treatment that they regard is futile. This proposal is grounded in several values that we argue should guide these regulatory choices. We also contend that the best interests test is justifiable and since the courts show no sign of departing from it, the focus should be on how to better elucidate the underlying values driving decisions. We discuss the advantages of our proposed approach and how it would address some of the criticisms aimed at the law. Finally, we defend the current role that the judiciary plays, as an independent state-sanctioned process with a precedent-setting function. (shrink)

There has been much recent interest in questions about epistemic norms of assertion. Is there a norm specific to assertion? Is it constitutive of the speech act? Is there a unique norm of this sort? What is its content? These are important questions, so it's understandable that they have received the attention which they have. By contrast, little attention?little separate attention, at least?has been given to parallel questions about telling: Which norm or norms govern telling, etc.? A natural explanation for (...) this disparity in interest is that it's felt generally to be obvious that there can be no significant distinction between the two types of norms, and hence no need to consider them separately. This paper challenges that general feeling. The first part argues that it's not obvious that the same norms govern assertion and telling. The second part argues that far from being obvious, this idea is mistaken: there are significant differences between the two types of norms. (shrink)

Negative emotions are often thought to lack value—they’re pernicious, inherently unpleasant, and inconsistent with human virtue. Taking anxiety as a case study, I argue that this assessment is mistaken. I begin with an account of what anxiety is: a response to uncertainty about a possible threat or challenge that brings thoughts about one’s predicament (‘I’m worried,’ ‘What should I do?’), negatively valenced feelings of concern, and a motivational tendency toward caution regarding the potential threat one faces. Given this account of (...) what anxiety is, I show it can be instrumentally valuable: in sensitizing us to uncertainty and prompting caution and risk assessment efforts, it’s an emotion that can help us better recognize and respond to uncertain threats and challenges. But anxiety can also be aretaically valuable—that is, it’s an emotion that can contribute positively to one’s character. For instance, your anxiety about how best to care for your aging mother not only prompts helpful brainstorming about what you should do, but also reflect well on you—your unease demonstrates both an admirable sensitivity and emotional attunement to what’s at stake. (shrink)

In earlier work, I have argued that self-referential assertions of the form ‘this assertion is improper’ are paradoxical for the truth account of assertion. In this paper, I argue that such assertions are also paradoxical, though in a different way, for the knowledge account of assertion.

A prominent argument for moral realism notes that we are inclined to accept realism in science because scientific inquiry supports a robust set of critical practices—error, improvement, explanation, and the like. It then argues that because morality displays a comparable set of critical practices, a claim to moral realism is just as warranted as a claim to scientific realism. But the argument is only as strong as its central analogy—and here there is trouble. If the analogy between the critical practices (...) of science and morality is loosely interpreted, the argument does not support moral realism—for paradigmatically constructivist discourses like fashion display the relevant critical practices just as well. So if the argument is to have force, the realist must say more about why the critical practices of morality are sufficiently like those of science to warrant realism. But this cannot be done—moral inquiry differs from scientific inquiry in too many important ways. So the analogy with the critical practices of science fails to vindicate moral realism. But there are further lessons: in looking closely at the critical practices of our moral discourse—and in comparing them to the critical practices of science and fashion—we gain insight into what is distinctive about morality objectivity and moral metaphysics. (shrink)

The three great historical philosophers most often associated with rationalism - Descartes, Spinoza and Leibniz - opened up ingenious and breathtaking vistas upon the world. Yet their works are so difficult that readers often find themselves stymied. "Understanding Rationalism" offers a guide for anyone approaching these thinkers for the first time.With clear explanations, elegant examples and insightful summaries, "Understanding Rationalism" unlocks their intricate metaphysical systems, which are by turns surprising, compelling and sometimes bizarre. It also lays out their controversial stances (...) on moral, political and religious problems. The study is framed by an opening discussion of the broad themes and attitudes common to these three philosophers and a closing analysis of the legacy they left for the rest of philosophy. (shrink)

The advent of modern science brought deep challenges to traditional religion. Miracles, prophecy, immortal souls, absolute morality - all of these fundamental notions were challenged by the increasingly analytical and skeptical approach of modern scientists. One philosopher, Baruch Spinoza, proposed a new theology, rooted in a close analysis of the Bible, which could fit this new science and provide a sound basis for a social order. "Spinoza's Radical Theology" explains the mechanics and meaning of Spinoza's ideas and how they can (...) inform the questions with which we still struggle today. (shrink)

In this paper, I argue that those who accept the conceptualist view in the philosophy of perception should reject the traditional view that colour indiscriminability is non-transitive. I start by outlining the general strategy that conceptualists have adopted in response to the familiar ‘fineness of grain’ objection, and I show why a commitment to what I call the indiscriminability claim seems to form a natural part of this strategy. I then show how together, the indiscriminability claim and the non-transitivity claim (...) –the claim that colour indiscriminability is non-transitive –entail a further, suspicious-looking claim that I call the problematic claim. My argument then splits into two parts. In the first part, I show why the conceptualist does indeed need to reject the problematic claim. Given that this claim is jointly entailed by the indiscriminability claim and the non-transitivity claim, the conceptualist is then left with a straight choice: reject the indiscriminability claim, or reject the non-transitivity claim. In the second part, I then explain why the conceptualist should choose the latter option. (shrink)

The need to distinguish between logical and extra-logical varieties of inference, entailment, validity, and consistency has played a prominent role in meta-ethical debates between expressivists and descriptivists. But, to date, the importance that matters of logical form play in these distinctions has been overlooked. That’s a mistake given the foundational place that logical form plays in our understanding of the difference between the logical and the extra-logical. This essay argues that descriptivists are better positioned than their expressivist rivals to provide (...) the needed account of logical form, and so better able to capture the needed distinctions. This finding is significant for several reasons: First, it provides a new argument against expressivism. Second, it reveals that descriptivists can make use of this new argument only if they are willing to take a controversial—but plausible—stand on claims about the nature and foundations of logic. (shrink)

Organizations have long struggled to find ways to reduce the occurrence of unethical behaviors by employees. Unfortunately, time theft, a common and costly form of ethical misconduct at work, has been understudied by ethics researchers. In order to remedy this gap in the literature, we used the theory of planned behavior (TPB) to investigate the antecedents of time theft, which includes behaviors such as arriving later to or leaving earlier from work than scheduled, taking additional or longer breaks than is (...) acceptable, and on-the-job daydreaming. We surveyed 135 employed undergraduate business students regarding the TPB variables at Time 1. Two months later, participants reported the frequency they engaged in time theft since Time 1. Results indicate that behavioral, normative, and control beliefs significantly predicted attitudes, subjective norms, and perceived behavioral control, respectively. Attitudes, subjective norms, and perceived behavioral control, in turn, were significantly related to time theft intentions, which predicted later enactment of time theft. Thus, employers can decrease time theft by primarily focusing on altering employees' attitudes toward time theft, followed by reducing social pressures to engage in it, and lastly, by implementing organizational practices that make it difficult to commit time theft. (shrink)

Is disgust morally valuable? The answer to that question turns, in large part, on what we can do to shape disgust for the better. But this cultivation question has received surprisingly little atte...

Schilbach et al.'s model assumes that the ability to minds is already present in human infants and therefore falls foul of the very intellectualist problems it attempts to avoid. We propose an alternative relational, action-based account, which attempts to grasp how the individual's construction of knowledge develops within interactions.

This essay recounts recent psychiatric literature about the probable causes of Nietzsche's collapse, endorsing the conclusion that it was not syphilis. The essay then explores the role of madness in Nietzsche's philosophy, and also explores to what extent some sort of madness - whether psychological or philosophical - influenced his later philosophy.

This volume has its roots in two recent developments within mainstream analytic epistemology: a growing recognition over the past two or three decades of the active and social nature of our epistemic lives; and, more recently still, the increasing appreciation of the various ways in which the epistemic practices of individuals and societies can, and often do, go wrong. The theoretical analysis of these breakdowns in epistemic practice, along with the various harms and wrongs that follow as a consequence, constitutes (...) an approach to epistemology that we refer to as non-ideal epistemology. In this introductory chapter we introduce and contextualise the ten essays that comprise this volume, situating them within four broad sub-fields: vice epistemology, epistemic injustice, inter-personal epistemic practices, and applied epistemology. We also provide a brief overview of several other important growth areas in non-ideal epistemology. (shrink)

This paper argues that the ‘brain’ has become a frequently invoked and symptomatic source of metaphorical imagery in our current technologically mediated and dominated culture, through which the distinction between the human and the technological has been and continues to be negotiated, particularly in the context of the increasing ubiquity of electronic and digital technologies. This negotiation has thrown up three distinct, though interrelated, figures. One is the ‘Brain in a Vat’, in which the brain can connect to and even (...) operate solely through electronic technologies. Another is the ‘Electronic’ or, more archaically, ‘Giant Brain’, in which the brain’s functions can be reproduced and exceeded by electronic computing technology. A third is the ‘World’ or ‘Global Brain’, in which the connectivity enabled by information–communications technologies produces and fosters forms of distributed intelligence. This paper will trace the development of these figures and show how they have developed in lockstep throughout the two or three centuries of exponentially accelerating technological advance. (shrink)

British courts have adjudicated dozens of medical futility disputes over the past 10 years. Many of these cases have involved pediatric patients. All these judgements are publicly available in searchable legal reporters. And most were covered by the print or broadcast media.1 Yet, as noted by Dressler, none of these earlier cases received even a fraction of the public or scholarly attention that Charlie Gard has received. One might assess the Gard case from two different perspectives. At one level, (...) the Gard case is not unique. It is merely the n+1 medical futility dispute decided by the British courts. Admittedly, the Gard case has a much higher profile than earlier cases. But it announced no new rules or principles. It merely focused a spotlight on an already well-established process for resolving medical futility disputes. However, from another perspective, the Gard case is distinctive in at least five ways from other medical futility cases decided by the British courts. Because these unique features illustrate the limits or weaknesses of current rules and principles, they allude to potential improvements in the dispute resolution process. The papers in this special issue offer many valuable suggestions. After identifying the five unique features of the Gard case, I focus on the most prevalent two questions. Are courts the best forum for resolving these disputes? Is the best interest standard the right test for determining the limits of surrogate decision-making authority? Because the British courts have so many publicly available judgements in medical futility cases, it is possible to identify five distinctive features in the Gard case. First, Charlie’s parents were not asking GOSH clinicians to continue treating Charlie against either their professional judgement or against their personal beliefs. Instead, Charlie’s parents wanted to transfer him to another hospital that was willing …. (shrink)

According to the conceptualist view in the philosophy of perception, we possess concepts for all the objects, properties, and relations which feature in our experiences. Richard Heck has recently argued that the phenomenon of illusory experience provides us with conclusive reasons to reject this view. In this paper, I examine Heck’s argument, I explain why I think that Bill Brewer’s conceptualist response to it is ineffective, and I then outline an alternative conceptualist response which I myself endorse. My argument turns (...) on the fact that both Heck, in constructing his objection to conceptualism, and Brewer, in responding to it, miss a crucial distinction between perceptual demonstrative concepts of objects, on the one hand, and perceptual demonstrative concepts of properties, on the other. (shrink)

There is growing worldwide concern that the rampant spread of digital fake news via new media technologies is detrimentally impacting Democratic elections. However, the actual influence of this recent Internet phenomenon on electoral decisions has not been directly examined. Accordingly, this study tested the effects of attention to DFN on readers’ Presidential candidate preferences via an experimental web-survey administered to a cross-sectional American sample. Results showed no main effect of exposure to DFN on participants’ candidate evaluations or vote choice. However, (...) the perceived believability of DFN about the Democratic candidate negatively mediated evaluations of that candidate—especially amongst far-right ideologues. These results suggest that DFN may at worst reinforce the partisan dispositions of mostly politically conservative Internet users, but does not cause or induce conversions in these dispositions. Overall, this study contributes novel experimental evidence, indicating that the potential electoral impact of DFN, although concerning, is strongly conditional on a reciprocal interaction between message receptibility and a pre-existing right-wing ideological orientation. The said impact is, therefore, likely narrow in scope. (shrink)

That there exists a law of restitution concerned with reversing unjust enrichments is widely considered to be uncontroversial. However, the once orthodox view that unjust enrichment explains all instances of restitutionary liability is fast becoming a minority position. Indeed, the ability of ‘unjust enrichment’ to account for all restitutionary claims has been doubted by many of those who fought most strongly for its recognition as an independent head or source of liability, chief amongst these Professor Peter Birks. Because of this, (...) while there is widespread acceptance that unjust enrichment plays some role within the law of restitution, there is considerable uncertainty as to what this exact role is, so much so that what is meant by unjust enrichment can be seen to be in doubt. Beginning with an examination of Birks’ understanding of unjust enrichment and the classificatory scheme into which it slots, this article addresses the question of what role a conception of unjust enrichment can and should play in presenting and justifying the law of restitution. (shrink)

Although there is an increasing body of opinion that awards of damages for breach of contract should take account of the claimant’s performance interest, there has been little in the way of analysis of what the performance interest is. Commonly the concept is put forward as simply a reformulation or reconceptualization of the expectation interest, itself hitherto regarded as the one true contractual interest. Such thinking is flawed. A closer analysis of contract doctrine shows there to be two distinct contractual (...) interests; in receiving performance, and in being compensated for losses caused by non-performance. Receiving compensatory damages for non-performance is not the same as receiving performance. At present, this important difference is not fully appreciated, resulting in a failure to develop a principled approach to the claims that can be made following a breach of contract. Recognition of this distinction forces us to confront the fundamental question of how committed we are to the notion that contracts entail a right to performance. This article examines the distinction between these two interests, how the performance interest may be given effect by a damages award, and what the consequences of this analysis are for our understanding of the nature of contractual obligation. (shrink)