The work tends to point out the deficiency of some opinions claiming simplified presentation of the promise as the act that directly rise obligation for the promisor. Promises, either in the moral or legal sphere, are based on communication and so form an order of dependent steps that indicates their procedural nature. These characteristics may differ to a lesser extent, depending on the legal systems, moral norms of the society and its technical level and its needs. In all (...) these cases, however, the procedural characteristics of promises, especially in conditional promises, as well as the promises in contractual relations, persists. In our analysis we wish to show that the consistent conception of promise has to take into account a step of acceptance. The outcome of this approach relativizes a strong distinction between promise and offer. (shrink)

Futures contracts in agricultural commodities are an agreement to buy or sell a predetermined amount of agricultural commodities (such as wheat, corn, cotton, soybeans, live pork, live cattle, cocoa, etc.) at a specific price depending on the price on a specific date in the future. Futures contracts in agricultural commodities are carried out under “commodity futures contracts” on the futures exchange. These contracts are executed in two ways in terms of the delivery of the contract subject; physical delivery (...) and cash settlement. In the physical delivery, the underlying asset is physically received at the end of maturity. In our country, physical delivery method is used in futures contracts made on commodities. In the second contract method that results in cash settlement, there is no physical delivery of the underlying asset at the end of maturity. The transaction takes place over the settlement price at the end of maturity. Futures contracts in agricultural commodities can be analyzed in two categories in terms of Islamic law. First, within the scope of sales where both the goods and the price are on credit; the second is a combined contract that includes a promise to sell and a contract of sale when due. It is more convenient to analyze in the former because the agricultural commodities in the warehouse are kept ready to be delivered when due and the commodities price is also delivered on time. In this category, it resembles the sale of a credit on credit, which is prohibited in Islamic law. We can see that there are five parties within the exchange organization regarding the futures contracts in agricultural commodities; futures and options exchange, clearing house, brokerage houses, market participants, supervisory institutions. When the transactions of the related parties are examined in terms of legal capacity and power of representation; it is observed that brokerage houses transacting on behalf of sellers and customers operate by proxy. On the other hand, the Exchange, the Clearinghouse (Takasbank) and the custody warehouse within the scope of the exchange system; carries out transactions on behalf of the parties both as a proxy and a guarantor. Therefore, this futures transaction has the nature of containing more than one contract. When analyzed in terms of the establishment of the contract; if there are agricultural commodities that are considered as legitimate property of the Islamic law (mütekavvim), there is no objection regarding the parties and the offer-acceptance. In addition the delivery time of the commodity subject to the contract must be equal to the amount sold and the amount in the warehouse, which is guaranteed to be in the warehouse. In terms of invalid condition, one-sided benefit causing conflict for the parties contains something prohibited by the legal order. It is seen that it does not contain conditions contrary to the content of the contract and established practices. However, except for the condition that the collateral is retained with interest income in direct proportion to the period of stay in the Clearinghouse (Takasbank), in order to obtain the highest return. In terms of enforcement conditions, after the approval of the buyer and seller, transactions are carried out within the exchange system without asking for the right and approval of another person. Therefore, this contract can be considered as a running contract. In terms of the bindingness of this contract; at first glance, it can be seen as a mutual promise and non-obligatory promise based on the fact that the commodity and its price are not cash. But when the subject is examined in depth, it turns out to be a different situation. Because both parties are under mutual obligation by paying the guarantee stipulated by the Exchange, one party is obliged to deliver the commodity on time and the other party to deliver the price. In addition, the contract does not allow the parties to imagine the right. So, this contract can be considered as an obligatory contract. However, based on the current functioning futures contracts in agricultural commodities as a whole, it is considered unappropriate to Islamic law. In this study, first, the nature of futures contracts in agricultural commodities that are not deemed suitable for Islamic law in its current form are determined. Then, an analysis from the point of view of Islamic law was made and some offers were made for a model that was reconfigurated according to Islamic law. (shrink)

If I promise to pick you up at the airport, I thereby become obligated to do so. But this is not the only way I could undertake this obligation. If I offer to pick you up, and you accept my offer, I become obligated to pick you up in much the same way. I would also undertake similar obligations if you asked me to pick you up and I accepted your request, or if we made an (...) agreement that I will pick you up at the airport and in exchange you’ll buy me dinner. Why are the normative effects of accepted offers, accepted requests, and agreements so similar to those of promises? I argue that theorists of promising need to answer this question, and so they need to pay attention to offers, requests, and agreements. On the theory I defend, promises, offers, requests, and agreements have such similar normative effects because they all result in joint decisions between the relevant parties. I argue that this ‘joint decision view’ provides an attractive explanation of the similarities and differences between promises, offers, requests, and agreements. (shrink)

This paper challenges the common assumption that an agreement is an exchange of promises. Proposing that the performance obligations of some typical agreements are simultaneous, interdependent, and unconditional, it argues that no promise-exchange has this structure of obligations. In addition to offering general considerations in support of this claim, it examines various types of promise-exchange, showing that none satisfy the criteria noted. Two forms of conditional promise are distinguished and both forms are discussed. A positive (...) account of agreements as joint decisions founded in a joint commitment is sketched. It is argued that the example agreements represent especially clearly the normative structure of social union. (shrink)

Promises -- Offer and acceptance -- Obligation -- Practical reason -- Intention and other topics -- Intervention by the state -- Contract -- Competition -- Conspiracy.

The general aim of any social contract theory is to generate the terms of an agreement which the parties to the contract will accept and respect. In order to identify what terms are likely to be acceptable, the theorist needs to specify the character of the parties and the conditions in which they are making the agreement. A prior step is also needed. The theorist needs to show that the characteristics and conditions chosen are appropriate to (...) the task of generating an agreement. The theorist must have a defensible methodological framework for his or her project. ;In this dissertation I examine the different frameworks adopted by two contemporary political philosophers: John Rawls and David Gauthier. I argue that the neo-Hobbesian project undertaken by Gauthier in Morals by Agreement is flawed. His attempt to derive a general moral theory almost exclusively from a relatively uncontroversial conception of instrumental rationality is marred by his commitment to a description of the political subject as a discrete entity having an identity independent of its social relationships. ;I then argue that John Rawls, in A Theory of Justice and more explicitly in some more recent articles, supplies a more promising framework. He takes the considered judgements of socially situated individuals to be the base from which a theory of justice can be extracted. The connected ideas of "overlapping consensus" and "reflective equilibrium" are central to his project, and allow him to treat social agreements as flexible instruments which can accommodate and even facilitate political change. ;I defend Rawls against the charge that his theory cannot account for political stability, and also against the communitarian claim that his conception of justice undermines the crucial role that community membership plays in human life. I conclude by noting that the Rawlsian conception of justice does face certain limitations because it presupposes a particular definition of the political domain. I then consider how Rawls's framework might address this issue, and attempt to sketch a preliminary possibility. (shrink)

The central question which I address is whether appeal to a hypothetical contract between moral persons is acceptable as a method for justifying basic ethical principles. ;My first two substantive chapters concern general issues in metaethics, particularly the shortcomings of both standard naturalist and noncognitivist theories of evaluative language; some conditions of acceptability for methods of moral justification are proposed and supported as well. Firth's and Hare's methods fail to satisfy these criteria, while Brandt's present approach and Rawls' method (...) of reflective equilibrium largely succeed. Rawls, quite correctly, intends his contract argument to apply only within the framework of this more basic method. ;Major aspects of Rawls' contract theory are examined at length in Chapter IV. My central concern is with the reasons Rawls gives for regarding his interpretation of the initial contract situation as the "rationally preferred" one. The concepts of impartiality, neutrality, and fairness are discussed at the outset. I then proceed to explain and criticize Rawls' reasons for imposing a "thick veil of ignorance" on the contractors. The argument that natural assets and social contingencies are "morally arbitrary" and hence should not influence the choice of principles of justice is found to be open to serious objection and to rest upon a specific type of egalitarian moral commitment. Rawls' "Kantian" argument is shown to lack sufficient support and to involve an unwarranted exclusion of certain deontological, perfectionist, and other teleological theories from serious consideration. ;Grice's contract theory, which omits the "veil," is examined in Chapter V, together with his account of prudential reasoning and his argument for a necessary connection between moral obligation and rationality. His type of contract approach is demonstrated to be unworkable due to vague description of the initial situation. Moreover, it has unacceptable implications and cannot serve as an appropriate basis for moral justification in any case. ;I conclude that the ideal contract method is at best a very conditional procedure of moral justification, far more suitable for some types of moral conceptions than for others. It seems unlikely, furthermore, that achievement of wide reflective equilibrium or "full rationality" in Brandt's sense would result in a consensus favoring any one description of the initial contract situation. (shrink)

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation in a special kind (...) of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

When is an indirect report of what a speaker meant correct? The question arises in the law. The Contract Law case of Spaulding v. Morse is a good example. Following their 1932 divorce, George Morse and Ruth Morse entered into a trust agreement in 1937 for the support of their minor son Richard. In that agreement, George promised to “pay to [Spaulding as] trustee in trust for his said minor son Richard the sum of twelve hundred dollars (...) per year, payable in equal monthly installments on the first day of each month until the entrance of Richard D. Morse into some college, university or higher institution of learning beyond the completion of the high school grades, and thereupon, instead of said payments, amounting to twelve hundred dollars yearly, he shall and will then pay to the trustee payments in the sum of twenty-two hundred dollars per year for a period of said higher education but not more than four years.” Richard graduated from high school on February 5, 1946 and, in the post-WWII continuation of the draft, was inducted into the army the following day. The question in the case is whether George, by the words of the trust agreement, meant that he would pay $1,200 per year for Richard’s support while he was in the army. Is that a correct indirect report of what George meant?The explanation I offer assumes Gricean analysis of speaker meaning, and it emphasizes the role of speaker meaning typically plays in solving coordination problems. A coordination problem is a situation “in which each person wants to participate in a group action but only if others also participate.” A classic example is a political protest: “each person might want to take part in an antigovernment protest but only if there are enough total protesters to make arrests and police repression unlikely.” Coordination problems arise in more mundane settings as well – in Spaulding v. Morse, for example. Ruth and George want to mutually agree on Richard’s support: Ruth wants to commit to an arrangement only if George does, and vice versa for George. In 1937, George and Ruth solved the problem through speaker meaning. By signing the trust agreement, George, with Ruth as his audience, meant that he obligated himself to a particular support agreement. When Ruth signed, she, with George as her audience, meant that she accepted the agreement. In general, parties often solve coordination problems through speaker meaning. If, for example, enough people can communicate their commitment to participate in the protest to enough people, the protest will take place.The account assigns a central role to the fact that speaker meaning facilitates coordination by creating relevant common knowledge. Common knowledge is “the recursive belief state in which A knows X, B knows X, A knows that B knows X, B knows that A knows X, ad infinitum.” Common knowledge facilitates coordination: “Actors coordinate when they have evidence for common knowledge, and refrain from coordinating when they do not.”. (shrink)

In the 21st century, we live in what can be called a “new normal” when we view law through the prism of digital technology. Technology has greatly impacted the traditional parts of civil law, such as law of ownership, inheritance and contracts. Technology is bringing civil law into a new, digital environment where it is necessary to consider the specifics of that environment. The freedom of contract is the basic principle of civil law, which is mainly applied in the (...) law of obligations, in the part concerning contracts. In contrast, adhesion contracts are contracts in which the terms are dictated by one party, while the other party can only accept or reject them – take it or leave it. In the context of adhesion contracts, it is clear that freedom of contract can be violated in certain cases. Nowadays, a large number of such contracts are concluded online. Every user of a website must agree to these contracts in order to use that website. The problem of the lack of choice of the person who agrees to the pre-announced conditions in such adhesion contracts may be more pronounced online than in classical adhesion contracts. Due to certain characteristics of such contracts, users are sometimes not even aware that by their mere behaviour they have agreed to the terms and conditions of the Internet service provider to which the website belongs. As a result, these users do not know what they have agreed to until problems arise between them and an ISP. The behaviour of the contracting parties certainly contributes to this problem. ISPs sometimes try to turn most of the provisions of the contract in their favour and diminish their importance, while users ignore this and agree to everything that is offered to them, sometimes not even knowing that they have given their consent. (shrink)

Soldiers sign contracts to obey lawful orders; they also swear oaths to this end. The enlistment contract for the Armed Forces of the United States combines both elements: -/- '9a. My enlistment is more than an employment agreement. As a member of the Armed Forces of the United States, I will be: (1) Required to obey all lawful orders and perform all assigned duties … (4) Required upon order to serve in combat or other hazardous situations.' -/- We (...) standardly think that these oaths and contracts give soldiers new moral reasons to fight. Many also think that soldiers who are ordered to fight by legitimate states have moral reasons to obey those orders, just in virtue of their provenance. -/- We generate these reasons through our voluntary decisions—to sign the contract or swear the oath; to form the institutions and give the orders. They are therefore additional moral reasons, on top of the reasons that we have prior to those voluntary decisions. Simply because they are additional, these reasons seem limited in force and scope. In particular, they arguably cannot override pre-existing commitments. For example, if I already have a duty not to kill an innocent person, my promising to breach that duty seems irrelevant to whether doing so is permissible. Similarly for orders issued by legitimate states: the citizens of a legitimate state have pre-existing moral reasons not to kill the innocent; by what alchemy could their state's orders allow combatants to override those reasons? If additional reasons could make prohibited acts permissible, as Sidgwick observed, ‘we could evade any moral obligation by promising not to fulfil it, which is clearly absurd’ (Sidgwick 1981). -/- We might conclude that the contracts soldiers sign, the oaths they take and the orders they receive have weight only when they pertain to acts that soldiers are already allowed to do. Perhaps these additional reasons can require actions that would otherwise be merely permissible, but they cannot license otherwise prohibited actions. If this is right, then it radically limits the relevance of contracts, oaths and authority to the ethics of war, since almost all conflicts involve soldiers breaching some pre-existing moral duties. -/- This is obviously true for soldiers fighting on the unjust side in a war, since almost all the killing they do is unjust. But in all actual wars soldiers on the just side also kill at least some innocent victims, whether as part of an unjust subordinate aim, as ‘collateral damage’, or simply because their adversaries are not sufficiently responsible for unjustified threats to be liable to be killed. If additional reasons cannot make otherwise prohibited acts permissible, then they are practically irrelevant to the ethics of killing in war, at least in this sense: if fighting is impermissible without regard to the contract, oath and authority of their state, then fighting is simply impermissible. -/- This is a tempting conclusion. In this paper, however, I argue that even if it is true at the level of objective permissibility, it is false for subjective permissibility. And since subjective permissibility is where (at least some of) the action is in the ethics of war, this is a significant result. I explain first why additional reasons can make otherwise subjectively prohibited acts permissible, then why just war theorists should care more than they seem to about subjective permissibility. Although I focus throughout on the ethics of war, my arguments generalise to all kinds of additional reasons. (shrink)

The possibility of promising requires a determined obligation that distinguishes breaking a promise from merely failing to keep it, thus enabling both parties to know what the promise entails. In addition, a recognizable commitment must bind the promiser and justify the promisee’s reliance. It is widely accepted that fulfilling these functions requires a rule of promises – either a convention or a moral principle. The paper criticizes this common view and presents an alternative. I introduce the (...) concept ‘quamise’. Quamises are particular expressions of intentions to act, made within personal relationships which involve normative requirements. Given these requirements, quamising determines an obligation and justifies reliance sans rule. I argue that promises within relationships are in fact quamises. Consequently, a unified account of promises is available only if quamises can be made to strangers, without implicitly appealing to a rule. I show that an attempt to quamise can, under appropriate conditions, create the relationship needed for quamising. The conditions that enable quamising to strangers include the social emotion of shame, which provides the accountability to strangers required for reliance, as well as various salient precedents and practices the parties can designate in order to determine an obligation. Thus, a rule of promises is unnecessary. According to this view, the moral nature of promises resembles that of personal commitments: fidelity to promises is a virtue in the sense that friendship is. (shrink)

The offer-and-acceptance analysis has long been questioned as not (easily) applicable to certain methods of contracting. This paper looks at this analysis through the prism of normative powers and identifies much deeper problems with the analytic explanation of how such unilateral normative powers as offer and acceptance can generate such a normative result as concluding a contract. It argues that even if the powers to offer and accept are exercised, as they are in certain (...) methods of contracting, these are not the normative powers that create contractual obligations; such obligations are always created by the jointly exercised power to contract. The paper substantiates an account of the power to contract as a sui generis normative power and explains the role the unilateral powers to offer and to accept play when they are exercised, while also explaining why there is no need to ‘invent’ offering and accepting where there are none. (shrink)

The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating (...) obligations. Contract law conceived as a body of rules empowering individuals to shape their own rights and responsibilities presents an object of philosophical study. The philosophy of contract includes two broad sets of projects. One set, the focus of the first part of this entry, targets the basic structure and normative justification of the law of contracts. The aim is to subsume a salient body of contract law rules under general principles in order to clarify contract law’s conceptual categories, distinguish it from other areas of law, and specify criteria relevant to its normative appraisal. This kind of philosophical work presupposes detailed knowledge of the law in existing legal regimes, and the entry begins by outlining the common law of contracts. A second set of projects draws on resources from the philosophy of language, philosophy of action, and moral and political philosophy to address debates within contract law. Questions about the nature of meaning and interpretation, intentionality, freedom in contract, and distributive justice drive contemporary legal debates concerning contract formation, interpretation, and enforcement. Philosophical work on these topics has attracted significant commentary which serves as the focus of the second part of this entry. (shrink)

Philosophers have been attracted by the theory that an agreement consists of undertakings by the parties. But the theory faces objections from three sides: unconditional undertakings by both parties are insufficient for an agreement; if the parties give interconditional undertakings, both comply if neither does anything; and, if one party gives an unconditional undertaking and the other a conditional one, a condition of interdependence is breached. The options are to live with the breach, to produce an undertaking-based (...) theory that avoids the objections, or to analyse an agreement otherwise than in terms of undertakings. I consider each option and advocate the third: a better theory is that two people have an agreement where one makes an offer to the other that the other accepts. (shrink)

Does it make sense, and is it at all plausible, to view the moral obligation to keep particular promises and do what is called for by particular agreements such as contracts as being founded on a general "Social Contract" -- i.e., to give a contractarian account of promise-keeping? This paper argues that it does. Borrowing from Hume, David Lewis, Gilbert Harman, and David Gauthier, I provide a sketch of what the "social contract" is (not, e.g., either (...) a real or a hypothetical meeting of all with all) -- namely, a form of commitment, makable by any individual, but with commitment likewise to social reinforcement. Then it is argued that Searle's familiar thesis is in error in that it leaves out the latter factor as well as implicitly calling for a version of the former. Then it is argued that this general understanding of morality can reasonably issue in a specific rule about agreements that would be one among others in a contractarian moral platform. (shrink)

It is natural to wonder about contract law’s relationship to the morality of promises and agreements. This Chapter distinguishes two ways to conceive of that relationship. First, parties’ agreement-based moral obligations might figure into the explanation of contract law—into an account of its functions or justifications. Contract law might serve to enforce parties’ first-order performance obligations, to enforce second-order remedial obligations, to support the culture of making and keeping agreements more generally, or at least to do (...) no harm to that culture or to people’s ability to act morally. Second, contract can be understood as the legal analog to promise. Both contract and promise enable people to undertake new obligations to one another when they wish. Each is a type of normative power, the one legal, the other moral. The Chapter concludes by arguing that these two ways of thinking about contract law are not mutually exclusive. Contract law both imposes on parties to exchange agreements a legal obligation to perform for reasons independent of the parties’ possible contractual intent, and confers on them the power to undertake that legal obligation when they so intend because they so intend. (shrink)

Under a widespread understanding of the nature of moral obligation, one cannot be under an obligation to perform or omit an act and have a moral power to release oneself from one’s obligation. According to this view, being under an obligation necessarily entails relinquishing one’s sovereignty over the obligatory matter, that is, one’s capacity to control one’s own obligational world. This essay argues against such a view. I shall argue that by making what I will call (...) a commitment, a person assumes an obligation towards another on a given matter whilst preserving the power to release herself from her obligation. Commitments constitute morally obligatory acts over which’s obligatoriness those obliged always retain control. They constitute obligations over which obligors preserve moral sovereignty. I show that the notion of commitment sheds light on the structure of important moral phenomena such as some of our loyalty obligations, and, furthermore, that it reveals something central about the justification and scope of the law of contracts. (shrink)

This paper begins with the idea that we can learn a good deal about promising by examining the conditions and norms that govern promise- breaking. Sometimes promises are broken as a deliberate plan, other times they are broken because they are simply incompatible with other, more signifi cant moral norms, or because it becomes clear that they are impossible to keep. There are cases where people make promises that are actually incompatible with each other. Politicians, for example, often give (...) such incompatible promises, either intentionally, or by making too many commitments, some of which turn out to be incompatible. In making such promises, agents guarantee that at least one promise be broken. Is the agent who makes incompatible promises under any obli- gation? If ‘ought’ implies ‘can,’ and promises entail obligations, then it seems that one cannot, in fact, make promises one cannot keep. This paper explores the problem by drawing analogies between incompatible promises and other promises that cannot be kept. It suggests that we can deny ‘ought’ implies ‘can’ strictly speaking, but recognize that there is a practical limit on what the agent can be called on to do. On this view, even promises to do the impossible commit the agent. Similarly, politi- cians who promise too much are still obligated to do as promised. (shrink)

First, this article considers Kant's rather odd requirement that every contract consist of four declarations of will: an offer, an approval of the offer, a promise and an acceptance of this promise. It explains Kant's theory as a stepping stone for Savigny's later development of the principle of abstraction, a principle which separates the contract of obligation from the contract of ownership transfer and makes the validity of each independent of the (...) validity of the other. Second, the article interprets Kant's "Dogmatic Division of All Rights Acquirable through Contracts," contained in section 31 of the Doctrine of Right. It claims that the table consists of aspects of contractual relationships and is dynamic rather than static in that these aspects can be intermingled to produce a wealth of different types of contracts. (shrink)

Is selling sex a service like any other? Philosophers have given a range of answers to this question: (a) sex has a specific value that is debased by commercial markets in sex; (b) sex work is a service like any other; (c) markets in sex perpetuate structural systems of inequality. This article takes seriously the suggestion that there is something special about sex itself which raises a specific set of concerns when traded for money. The challenge is to explain this (...) without drawing on contentious essentialist claims about the value of sex. It proceeds by analysing a parallel between sexual promises and selling sexual consent. On an expectational theory of promising, commercial agreements to sex generate obligations in a way that is normatively analogous to sexual promises. Understanding the normative release conditions for such assurance‐providing agreements provides a way of analysing the justifiability of various ways of enforcing such agreements. I argue that the release conditions for agreements involving sex are not conducive to being codified under typical forms of service contract. As such, regulation aimed at legitimising sex work must provide adequate protections to workers without codifying it under typical forms of service contract. (shrink)

Joint practical deliberation is the activity of deciding together what to do. In this dissertation, I argue that several speech acts that we can use to alter our moral obligations – promises, offers, requests, demands, commands, and agreements – are moves within joint practical deliberation. -/- The dissertation begins by investigating joint practical deliberation. The resulting account implies that joint deliberation is more flexible than we usually recognize, in two ways. First, we can make joint decisions not only about what (...) we will do together, but also about what you or I will do alone. Second, we can deliberate by means of two distinct methods: propose-and-ratify, in which a proposed joint decision must be explicitly accepted to come into effect, and propose-and-challenge, in which a proposed joint decision comes into force unless it is explicitly challenged. -/- Varying these parameters generates a botany of different kinds of proposals we can make within joint deliberation. When we look at these proposals more closely, we make a surprising discovery: for each kind of proposal we can make in joint practical deliberation, there is an everyday speech act with the very same properties. A certain kind of proposal to make a joint decision regarding one’s own actions has the same normative effects, under the same conditions, as a promise. One kind of proposal to make a joint decision regarding one’s addressee’s actions has all the essential features of a command; another kind of deliberative proposal – with the same content but a different method of evaluation – looks exactly like a request. And so on. -/- These similarities are too systematic to be coincidental. The only explanation, I argue, is that these ordinary speech acts are identical to their doppelgängers within joint practical deliberation. Promises and offers are proposals to make joint decisions about what I will do. Commands, demands, and requests are proposals to make joint decisions about what you will do. And agreements are joint decisions about what we will do. Call this the deliberative theory of these speech acts. -/- Considering each speech act in turn, I defend the deliberative theory by arguing that it provides a uniquely powerful explanation of its targets’ social and moral significance. Once we see how naturally these speech acts fall out of our practice of joint deliberation, theories that treat them as sui generis – as many moral philosophers now do – will come to seem redundant and nonexplanatory. Conversely, thinking of promises, offers, commands, demands, requests, and agreements as moves within joint practical deliberation allows us to give an elegant and generative theory of these phenomena that have confounded moral philosophers for so long. (shrink)

In this article, we address a major outstanding question of probabilistic Bayesian epistemology: how should a rational Bayesian agent update their beliefs upon learning an indicative conditional? A number of authors have recently contended that this question is fundamentally underdetermined by Bayesian norms, and hence that there is no single update procedure that rational agents are obliged to follow upon learning an indicative conditional. Here we resist this trend and argue that a core set of widely accepted (...) Bayesian norms is sufficient to identify a normatively privileged updating procedure for this kind of learning. Along the way, we justify a privileged formalization of the notion of ‘epistemic conservativity’, offer a new analysis of the Judy Benjamin problem, and emphasize the distinction between interpreting the content of new evidence and updating one’s beliefs on the basis of that content. (shrink)

The integration of economics and psychology has created a vibrant and fruitful emerging field of study. The essays in Economics and Psychology take a broad view of the interface between these two disciplines, going beyond the usual focus on "behavioral economics." As documented in this volume, the influence of psychology on economics has been responsible for a view of human behavior that calls into question the assumption of complete rationality, the acceptance of experiments as a valid method of economic (...) research, and the idea that utility or well-being can be measured.The contributors, all leading researchers in the field, offer state-of-the-art discussions of such topics as pro-social behavior and the role of conditional cooperation and trust, happiness research as an empirical tool, the potential of neuroeconomics as a way to deepen understanding of individual decision making, and procedural utility as a concept that captures the well-being people derive directly from the processes and conditions leading to outcomes. Taken together, the essays in Economics and Psychology offer an assessment of where this new interdisciplinary field stands and what directions are most promising for future research, providing a useful guide for economists, psychologists, and social scientists. (shrink)

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust.Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and social (...) commitment is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being.The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust. Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and (...) social commitment is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being. The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

This paper presents a dynamic perspective in which the psychological contract is treated as a structured set of beliefs that are held by individual employees about the mutual obligations of the organization as employer and themselves as employees. This set of beliefs is assumed to produce a state of commitment to the organization in which the employee is willing to accept work roles and tasks offered by the organization, and to carry them out in accordance with certain standards. (...) The dynamic model that is presented can help to explain why the commitment of employees remains relatively stable over time, and why it may suddenly decrease or increase under circumstances that are perceived as critical by the employee. The model assumes that the employee's evaluation of the organization's behavior changes over time, but that the structure of the psychological contract and the associated commitment change only when certain limits are overstepped. This perspective on changes in the psychological contract transforms the concept into a powerful construct that may lead to fruitful research on the dynamics of organization-employee relationships. Implications for future research are discussed. (shrink)

The premise of contract law is that the redistribution of entitlements that results from contract is justified by the process of agreement. But theories of contract differ importantly on how and when voluntary exchange justifies a resorting of entitlements. Pure theories regard the principles of contract as essentially derivative from some aspect of the principle of autonomy; contracting parties’ intent to assume legal obligation is in principle necessary and sufficient for its enforcement. Perfect theories (...) do not view contract as self-justifying but regard the process of agreement as reliable evidence that contracts are welfare-improving. This article demonstrates the limitations of pure and perfect views. It favours instead imperfect theories of contract, which would have judges self-consciously pursue the normative ends of contract law as they apply context-sensitive rules. (shrink)

A contract theory is an attempt both to make normative sense of contract law as an institutional type and to come up with criteria for the evaluation of the law of any particular place. There is no precise rule telling us how far the prescriptions of a theory can deviate from actually existing contract law and still be a theory of contract — rather than a political proposal to replace contract law with something else. But (...) we can say roughly that contract theory aims to provide normative foundations for the type of legal institution that enforces (some) agreements and unilateral commitments. Having provided an account of the point of having an institution of that general kind, the theory can then be used to evaluate existing examples. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

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. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:160 THE HUMEAN PROMISE: WHENCE COMES ITS OBLIGATION? Introduction David Hume offers an extended analysis of promising, and his observations and conclusions reflect a remarkable insight into the nature and origins of promising and promissory obligation. Hume argues that promising is naturally unintelligible and could only arise via an artifice; that this artifice arises because each person sees his or her mutual advantage in it; and (...) that afterwards a sentiment of morals concurs with interest and becomes a new obligation upon mankind. How, for Hume, do promises obligate, and how are we to understand this new obligation? I shall argue that for Hume the obligations of promising are two: the natural obligation to accept and participate in the artifice itself — this obligation arises from a natural inclination to approve of those artifices which we see as necessary for our survival — and the artificial obligation to faithfully execute a particular service or transaction of property in the future as expressed by the words? promise'. I shall begin with some explanatory remarks on Hume's views of human nature and the artifices which this nature produces, some of which bear directly on our understanding of Hume's treatment of promissory obligation. Background Hume's view of mankind is that it is a selfcorrective species, relying heavily on its penchant for imagination, and that without these traits, particularly imagination, it would be, without doubt, an extinct species. Much of the Treatise is a naturalistic account of human nature: a nature which includes not only instincts and passions, but the 161 ability to transcend and control them with artificial conventions when they become counterproductive and disadvantageous to society; although even these artificial conventions or artifices must be approved by their users and, to this extent, are a natural outcome. "We readily forget," Hume states, "that the designs, and projects, and views of men are principles as necessary in their operation as heat and cold, moist and dry." (T 474) Hume attaches no necessity to the particular form human nature has taken nor to the environment in which it is placed. His aim is to give a naturalistic account of the way things are, both socially and psychologically. Hume uses the word 'natural' in one place to mean what is common to any species, or what is inseparable from the species, and this includes for him the artifices of mankind. (T 484) Unlike Hobbes, he optimistically describes human nature as a combination of self-interest and benevolence, and "...tho' it be rare to meet with one, who loves any single person better than himself; yet 'tis as rare to meet with one, in whom all the kind affections, taken together, do not over-balance all the selfish." (T 487) The natural virtues originate from our kind affections and have no dependence on the contrivance 2 or artifice of man (T 574) nor on the contrivance of a deity. What makes meekness, beneficence, charity, generosity and equity virtuous is simply man's natural approval of them: "virtue is distinguished by the pleasure, and vice by the pain, that any action, sentiment or character gives us by the mere view and contemplation." (T 475) Hume's natural virtues are selected from natural motives which are of the spontaneous instinctive sort. Although Hume believes that selfishness is an overemphasized human trait, he does say that each man 162 (and probably woman) loves himself (herself) better than any other single person. (T 487) This selfishness, however, is not exclusively selfcentered, but manifests itself in a "confined generosity" that moves outward concentrically from the interested self to his or her family and friends. Beyond this circle of friends we are generally distrustful of others and will naturally revert to our individual self-interest when interacting with them. The one trait of which Hume makes great use throughout the Treatise to explain and describe human behavior is imagination. The word 'imagination' has many meanings, three of which are alluded to by Hume. Imagination may take a material or practical shape in the form of an invention, whereby someone imagines some object and then invents it. Examples of imagination qua inventiveness include actual physical inventions and may include the Humean artifices. Imagination... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:160 THE HUMEAN PROMISE: WHENCE COMES ITS OBLIGATION? Introduction David Hume offers an extended analysis of promising, and his observations and conclusions reflect a remarkable insight into the nature and origins of promising and promissory obligation. Hume argues that promising is naturally unintelligible and could only arise via an artifice; that this artifice arises because each person sees his or her mutual advantage in it; and (...) that afterwards a sentiment of morals concurs with interest and becomes a new obligation upon mankind. How, for Hume, do promises obligate, and how are we to understand this new obligation? I shall argue that for Hume the obligations of promising are two: the natural obligation to accept and participate in the artifice itself — this obligation arises from a natural inclination to approve of those artifices which we see as necessary for our survival — and the artificial obligation to faithfully execute a particular service or transaction of property in the future as expressed by the words? promise'. I shall begin with some explanatory remarks on Hume's views of human nature and the artifices which this nature produces, some of which bear directly on our understanding of Hume's treatment of promissory obligation. Background Hume's view of mankind is that it is a selfcorrective species, relying heavily on its penchant for imagination, and that without these traits, particularly imagination, it would be, without doubt, an extinct species. Much of the Treatise is a naturalistic account of human nature: a nature which includes not only instincts and passions, but the 161 ability to transcend and control them with artificial conventions when they become counterproductive and disadvantageous to society; although even these artificial conventions or artifices must be approved by their users and, to this extent, are a natural outcome. "We readily forget," Hume states, "that the designs, and projects, and views of men are principles as necessary in their operation as heat and cold, moist and dry." (T 474) Hume attaches no necessity to the particular form human nature has taken nor to the environment in which it is placed. His aim is to give a naturalistic account of the way things are, both socially and psychologically. Hume uses the word 'natural' in one place to mean what is common to any species, or what is inseparable from the species, and this includes for him the artifices of mankind. (T 484) Unlike Hobbes, he optimistically describes human nature as a combination of self-interest and benevolence, and "...tho' it be rare to meet with one, who loves any single person better than himself; yet 'tis as rare to meet with one, in whom all the kind affections, taken together, do not over-balance all the selfish." (T 487) The natural virtues originate from our kind affections and have no dependence on the contrivance 2 or artifice of man (T 574) nor on the contrivance of a deity. What makes meekness, beneficence, charity, generosity and equity virtuous is simply man's natural approval of them: "virtue is distinguished by the pleasure, and vice by the pain, that any action, sentiment or character gives us by the mere view and contemplation." (T 475) Hume's natural virtues are selected from natural motives which are of the spontaneous instinctive sort. Although Hume believes that selfishness is an overemphasized human trait, he does say that each man 162 (and probably woman) loves himself (herself) better than any other single person. (T 487) This selfishness, however, is not exclusively selfcentered, but manifests itself in a "confined generosity" that moves outward concentrically from the interested self to his or her family and friends. Beyond this circle of friends we are generally distrustful of others and will naturally revert to our individual self-interest when interacting with them. The one trait of which Hume makes great use throughout the Treatise to explain and describe human behavior is imagination. The word 'imagination' has many meanings, three of which are alluded to by Hume. Imagination may take a material or practical shape in the form of an invention, whereby someone imagines some object and then invents it. Examples of imagination qua inventiveness include actual physical inventions and may include the Humean artifices. Imagination... (shrink)

Depression is a highly recurrent disorder with limited treatment alternatives for reducing risk of subsequent episodes. Acceptance and commitment therapy (ACT) and attention bias modification (ABM) separately have shown some promise in reducing depressive symptoms. This study investigates (a) if group-based ACT had a greater impact in reducing residual symptoms of depression over a 12-month follow-up than a control condition, and (b) if preceding ACT with ABM produced added benefits. This multisite study consisted of two phases. In (...) phase 1, participants with a history of depression, currently in remission (N= 244), were randomized to either receive 14 days of ABM or a control condition. In phase 2, a quasi- experimental design was adopted, and only phase-1 participants from the Sørlandet site (N= 124) next received an 8-week group-based ACT intervention. Self-reported and clinician-rated depression symptoms were assessed at baseline, immediately after phase 1 and at 1, 2, 6, and 12 months after the conclusion of phase 1. At 12-month follow-up, participants who received ACT exhibited fewer self-reported and clinician-rated depressive symptoms. There were no significant differences between ACT groups preceded by ABM or a control condition. There were no significant differences between ACT groups preceded by ABM or a control condition. Group-based ACT successfully decreased residual symptoms in depression over 12 months, suggesting some promise in preventing relapse. (shrink)

Gambling self-exclusion agreements enable a person to have themselves prevented from gambling for some future period. In light of evidence of their effectiveness in helping problem gamblers manage their addiction, these agreements enjoy growing popularity. In particular, several jurisdictions now oblige gambling operators to offer self-exclusion to their clientele. If self-exclusion has a unique value that is distinct from paternalistic measures, such as forced exclusion, it is surely because it prizes the gambler’s autonomy. In this article, however, I will (...) argue that self-exclusion’s theoretical basis cannot, in fact, be found in a procedural theory of autonomy that only regards agents’ own values and decisions. Rather, I will contend that if agents may bind their future selves in only some ways—for example, by preventing themselves from gambling but not preventing themselves from self-excluding or selling themselves into slavery—it can only be because of a normative, substantive claim. (shrink)

BackgroundChronic airway diseases are prevalent and costly conditions. Interdisciplinary rehabilitation programs that include Acceptance and Commitment-based components could be important to tackle the vicious circle linking progression of the disease, inactivity, and psychopathological symptoms.MethodsA retrospective evaluation of routinely collected data of an interdisciplinary rehabilitation program was performed. The program included group sessions including patient education, breathing exercise, occupational therapy and an ACT-based psychological treatment, and individual sessions of physical therapy. Demographic data, clinical characteristics of the patients and the (...) values of outcome variables before treatment, at discharge, at 3 months, and at 6 months were extracted from medical records. Multiple imputation was employed to address missing data. Linear mixed models were employed to assess changes over time. Multivariable logistic regression was performed to assess predictors of a minimum clinically important change of health status from baseline to the 6-months follow-up.ResultsData from 31 patients with chronic obstructive pulmonary disease and 12 patients with bronchiectasis were extracted. Health status improved from baseline to discharge to the 3 months follow-up, but not to the 6 months follow-up. Anxiety and depression improved across all the time points. Quality of life did not improve over time. Having a worse health status at baseline and fewer depressive symptoms were significantly associated with achieving a minimum clinically important change of health status at 6 months. The effects of the interdisciplinary program were not different for patients with COPD or with bronchiectasis.DiscussionInterdisciplinary programs including ACT-based components are promising treatments for the rehabilitation of patients with chronic airway diseases. (shrink)

This paper aims to rethink the reason why nineteenth century common lawyers required a promise to be ‘accepted’. James Gordley expresses his opinion on this matter that they did it just in order to answer the annoying question of why and when a promise was binding. He might be right if he were dealing with the nineteenth century civil lawyers. But he cannot explain why common law of contract still employs the doctrine of consideration and refuses to (...) replace the concept of promise with the notion of offer, despite the doctrine of offer and acceptance. This paper reminds readers that the word promise is rather moral than legal. Thenineteenth century common lawyers wanted not to lose the moral force of this word, so they could not exchange a promise for an offer. What they actually did is not to require a promise to be ‘accepted’ but to require ‘a promise’ to be accepted. (shrink)

The most important reason underlying the success of the Crusaders taking Antakya from Muslims and entering the Syrian and Palestinian territories is undoubtedly the division among the Muslims. This division was not only among the dynasties, but also the cities. The Muslim rulers of Damascus have sat up alliances with the Crusaders to protect themselves from neighboring Muslim rulers. Of course, this alliance was more of a role for the Crusaders, making it easier for them to hold on to the (...) region, and strengthening them by acquiring new lands. Damascus's opposition posture caused power and time loosing to Muslim rulers, which served the Crusaders and to take the advantage of this controversy. Damascus continued its opponent position after Saladin (d. 589/1193), and quarrels within the dynasty caused the Crusaders to breathe deeply and as well as Jerusalem to fall into the hands of the Crusaders for a while again. During the Mamluks period, Damascus, who showed his opposing face for a short period of time, but afterwards he attained peace and obedience and also occupied comply with Rukn al-Dīn Baybars al-Bunduqdārī (d. 676/1277). In this article we will analyze the opposing stance of Damascus and his role in the Crusades. Summary: Pearl of Syria, Damascus has a rebellious and oppositional aspect as well. This feature of the city came into prominence further with the coming of the Crusaders to the region. Its oppositional stance and uncompromising aspect sometimes played into the hands of the Crusaders unintentionally. When the Crusaders first came to the surrounding of Antakya, the governor of Damascus, Duqāq did not provide the necessary support to Yaghisiyan who was encircled in Antakya by the Crusaders, due to his inexperience, jealousy and his hostile competition with his brother, Ridvan who is emir of Aleppo. Thus, the Crusaders used this opportunity.Atabeg of Duqāq, Tughtakīn who started to command the city after the death of Duqāq did not support especially Mawdūd who struggled against the Crusaders in Urfa, adequately. Besides, he was accused of getting Mawdūd killed by another separatist power of the region, the Assassins in the great mosque of the city. On top of it, he allied with the Crusaders, because he was troubled with the commander Porsuk sent to the region by the Sultan of Great Saljūq Empire, Mohammed Tapar. He caused the heroic warrior, Porsuk to be defeated near Tel-Dānis by the Crusaders and to die in Al Jazīrah after a short time.Soon after the above events, ‘Imāduddīn Zengī focused on Damascus and tried to establish the Islamic unity. The son of the ruler Böri, called Ismail became isolated because of the poor administration in the city. He resorted to inviting Zangī to the city. However, Ismail was killed by the opponents before the arrival of Zangī, so no result could be accomplished. Later, Zangī focused on the city again. Although he mercilessly treated the resisters in Ba’lebek after occupying there to demotivate the community of Damascus, he faced the serious resistance of the forces of Damascus. While Zangī spent all his energy to Damascus, the king of Jerusalem, Foulque improved his policy for Syria to some extent and could reestablish communication with the states of the Crusaders. The community Damascus helped the Crusaders and eased their work unintentionally once more.The Mamlūk called Uner began to govern Damascus on behalf of the forces of Bori who lost their influence in the city. Uner who developed a close relationship with the Crusaders to prevent the dominance of Zangī in the city did not hesitate to send an envoy to them. He promised to give Banyas to the Crusaders in return for moving Zangī away from Damascus. After the Franks accepted the proposal of Uner, Zangī remained in between the forces of Damascus and the Crusaders and was obliged to recede to Aleppo. In this way, the Crusaders occupied the castle of Banyas. Several locations until Buzaa were seized by the Crusaders in Antakya who found the opportunity.Zangī was martyred in front of Jaabar castle in 541/1146, so his son Nūr al-dīn became the new ruler of Damascus. Nevertheless, the following incidents caused Nūr al-dīn and Uner to get closer to each other, and the Crusaders had to move away from Damascus. First, the administrator of Havran under the control of Uner rose against his governor and turned to the Crusaders. Besides, the Second Crusade in Damascus contributed to the association of Damascus and Aleppo for a while. Following the elimination of both endangers, the association of Damascus and Aleppo resumed. Uner established a close contact with the Crusaders and made a two-year agreement with them to prevent Nūr al-dīn from seizing the city. Uner died after some time, but almost nothing changed. The new governor of the city Mucīruddin ‘Abaq kept the association of the Crusaders. An operation of Nūr al-dīn against the city was averted with the help of the Crusaders again. Mucīruddin got closer to the Crusaders after their help. Their close relationship was strengthened with the mutual visits of the committees of the Crusaders and Damascus. The Artuquid governor Timurtāsh decided to organize a military expedition to Jerusalem after a little while. However, Mucīruddin who worried about the possible dissolution of their association with the Crusaders stopped supporting him, so Timurtāsh failed in his expedition. Mucīruddin improved his relations with the Crusaders further and started to pay tribute to them following their invasion of ‘Asqalān’s in 548/1153. Even, ‘Abaq offered officially his commitment to Jerusalem. Even though the spoilt Crusaders plundered and destroyed the surrounding of Damascus, they kept the administrators of Damascus with them. Moreover, they went further and offered them to give Ba’lebek to them in return for moving Nūr al-dīn away from Damascus. Such acts provoked the community of Damascus who opposed to the dynasty of Bori in the city afterward. Nūr al-dīn welcomed this opportunity and seized Damascus in 549/1154 by means of the public without giving any chance to coming of the Crusaders. Damascus was governed by Nūr al-dīn for approximately twenty years. A disagreement arose among the community of Zangī in the city after the decease of Nūr al-dīn in 569/1174, thus leading to the dominance of Ṣalādīn Ayyubi in the city. The Ayyubids began to govern Damascus, but internal conflicts started among them with the death of Ṣalādīn in 589/1193. Similarly, Damascus was the focus of these conflicts. The Ayyubids in Egypt were the other party of the disagreement. Unfortunately, the Crusaders benefited from such rivalries. When the senior member of the family al-Adil dominated Damascus in 592/1196, the Crusaders who increased their domain had seized Beirut. Egypt and Damascus got closed temporarily during the Fifth Crusade. After the Crusaders withdrew from Damietta, two brothers, al-Muazzam and al-Kᾱmil fought with each other again. Damascus and Egypt chose the Khwarezmian dynasty and Friedrich in Sicilia as ally, respectively. Unexpected death of al-Muazzam during the preparations for the Sixth Crusade resulted in the siege of Damascus by the forces of Egypt. Friedrich reached Akkā over the course of the siege. al-Kᾱmil who played for time to seize Damascus delivered Jerusalem to the Crusaders. Later, the internal conflicts about the new dynasty which arose in Damascus weakened the Ayyubids and made the Crusaders advantageous. Finally, Damascus found tranquility with the dominance of Baybars in the city. (shrink)

Reproduced with the kind permission of the author. Currently available in the collection I Looked Alive . © 2010 The Brooklyn Rail/Black Square Editions | ISBN 978-1934029-07-7 Originally published 2003 Four Walls Eight Windows. continent. 1.1 (2011): 43-51. Introduction Ben Segal What interests me is instigated language, language dishabituated from its ordinary doings, language startled by itself. I don't know where that sort of interest locates me, or leaves me, but a lot of the books I see in the stores (...) seem to lack language entirely. Gary Lutz (2006). This issue of continent.'s fiction section features a reprint of “This Is Nice of You” from the first edition of Gary Lutz's collection I Looked Alive . That book was originally released by Four Walls Eight Windows in 2003 and has since been reissued in 2010 by The Brooklyn Rail/Black Square Editions. Calamari Press has also reissued Lutz's Stories in the Worst Way (originally published by Knopf, largely forgotten and dismissed, and then re-issued by the too-short-lived 3rd Bed). “This Is Nice of You” was edited for the re-issue of I Looked Alive and, as the original book is out of print, the earlier version of the story has been hard to come by for some time. This initial version is a bit longer than the new version—Lutz is a master of tightening down his texts to their most linguistically intensified cores—but it is in no way sloppy. It is a great privilege for continent. to be able to make available rare texts of (first) aesthetic and (second) scholarly value. For those readers unfamiliar with Gary Lutz, I believe this story will serve as a worthy introduction. Like Raymond Carver, Diane Williams, Christine Schutt, and so many other important twentieth century and contemporary short story writers, Lutz studied with and was edited by Gordon Lish. This connection is apparent in his attention to sound and the sentence as compositional unit, but Lutz's is a unique voice. “This Is Nice of You” bears Lutz's trademark torqued and turning syntax, his sexed-but-nameless characters, his rendering of the human body and its emissions as utterly discomfiting. Lutz's preoccupations with the mundane raise ordinariness, via startling language and observation, to grandiosity and grotesquery. In the fall of 2008, Lutz delivered a lecture entitled “The Sentence is a Lonely Place” to writing students at Columbia University. The lecture was later printed in The Believer (and is linked below). In it, he spoke about the importance of the sentence as a compositional unit, as even the distinguishing formal characteristic of prose. Specifically, Lutz explained that, from Lish, he had developed a "poetics of the sentence." Accordingly, Lutz constructs his stories at the level of the sentence, paying extreme attention to the material of words- their letters and their sounds- and the way they abut one another and interact on this material level even before they are employed in the service of traditional aims of fiction like meaning or story. Lutz often uses a(n almost constraint-related) technique called consecution. Letters or sounds from one word are carried forward into the following, producing drama and movement in the language itself at a level entirely apart from that of plot. For example, you can see how the 't's in the first sentence of “This Is Nice of You” repeat fast and hard through met and then soften into the 'th's of brothers and they. This close attention to the specific material and characteristic conditions of prose means that Gary Lutz's work always involves both a happening in language and of language. “This Is Nice of You” has a richness and depth that is hidden not in symbolism or obscure reference but on the surface of the page, in the language of every sentence. FURTHER READING Lutz, Gary. “ The Sentence Is a Lonely Place. ” The Believer January, 2009. Web. Short stories and excerpts at Web del Sol . Web. Taylor, Justin. “ An Interview with Gary Lutz .” Bookslut. July, 2006. Web. THIS IS NICE OF YOU [156] [1] I was a man dropping already well through my forties, filthy with myself, when, taking a turn at the toilets one afternoon, I met two brothers-they said they were brothers-who swore they had a sister, a schoolteacher, an officer of instruction at the county college, a whirlwind midlife turmoil of everything already put to ruin, who had gone off from a new marriage in an old car, an upkept and ennobling sedan, but had returned now to the apartment and [157] was living there alone with the little runoff there was from the marriage-some outcurved appliances, apparently, and low-posted furniture promoting its own mystery but becoming figurable in certain concentrations of TV light-and, above all, a telephone (on a pedestal, they insisted), the handpiece of which she gripped in lieu of exercise, or in fury, and I thus let out my little, reliable cry that I was in fact a student of the telephone, that it was a debasing apparatus in the main, with its meager economy of bells and tones, and the intimacy of the mouthpiece that sent your breath, tiny aftervapors of it, back toward your lips, so that regardless of the party accepting the outgoing products of your voice, you were, at most, in a further, rivaling exchange with yourself alone, and this is what must have brought the two of them around, the men who proclaimed brotherhood with the woman, because they offered me her phone number, put it at my disposal on a piece of paper one of them had already committed it to, a tearing from a menu, and the looks the men were now giving me had deletions in them, already, of my exact, beanpole shape and size. So off I went to a pay phone, the nearest canopied one I could find. The woman answered after the second ring and said she needed a lift right that very moment into the little, unlevel city close by. She was idling in the doorway of the building when I pulled up in front, and I helped her into the car, then got back in myself. I had always had a way of not having to look at people that nonetheless brought them to me in full, and so I still am certain of the susceptive and impressible comp-[158]lexion, the shimmer on the mouth, a lipstick of low brilliance, a difficulty around the eyes, the hair short and rayed out exclamation ally, skin bagged up over the elbow bone, conflict even in how her arms stayed at her sides—in sum, a spinal loveliness for me, an off-blonde quantity with shadowed, thumbworn hollows that put me out of as much as I might have ever known of women before. I set the two of us into the narrow traffic, and I remember telling her, by way of explaining the little burden which I had shifted, by now, from the shelf of the dashboard and onto my lap, that when you lived in filth, as I then did, a daily newspaper came to count for a lot, although instead of the thick-supplemented local paper I bought a trimmer one from a backlying town—not, of course, for any affluences of native data it carried, but as an article of house ware: a rough immaculacy in four lank sections, a set of fresh, hygienic surfaces to come between the table, say, and whatever I had going for me at the table, if the table was where I was going forward—because what else so cheap comes so clean and far-spreading? The woman told me that her own trouble with paper was that through a modest hole, no larger than a quarter, that had been drilled a foot or so above the floor (the standard height, she had reasoned, of legitimate electrical outlets), and by means of which her faculty office had at last gained communication with the roomier but unoccupied office next door, more and more often shot a single sheet of paper, plain copier paper she had rolled just barely into a tube, [159] so that after landing on the floor of the neighboring office the paper would preserve little if any of the curl, and there would be nothing written or typed on it, of course, and it was always a blank sheet that had been ageing on her desk for some time and had already been moved around, or advanced, from station to station on the desktop, coming into further creaselets and crimps and other infirmities—paper, in short, still too bare and unfraught to be thrown responsibly and forgettably away, and yet too seasoned and beset with irritations of the surface (a molelike blemish, say, or what looked like a tiny hair, an eyelash, sunk into it, or frecklings, or notational pressings of a fingernail), too wrought, in sum, for the paper to be appointed to any secure curricular purpose. Her office, she claimed, was in fact full of such paper, much-handled and singularized sheets of it by the loose, functionless hundred. I had to get it across to the woman that I myself no longer had an office, or any other place to divide me reliably from everybody else, and that for much of the daylight I thus appeared to be among people because I kept putting myself where people came together into even closer-fitting assortments, the viewing areas and showrooms and rotundas and such: I took in the lean-to look of the women, the tongues coming and going in what the men kept thinking of to say—whole families of low knees for me to bark my shins against during the crowded and involving way out. At home afterward, in the one room where my life was packed down, I would keep my nose stuck in the safehold of the phone [160] book, where the names of people suffered reduction to mere episodes of the alphabet and underwent humbling declensions down every column (Lail, Lain, Laine, Lainerd), and he names of streets, of the towns and townships, got docked in crude, heedless abbreviations (the vowels almost always the first to get poked out), and I would run my eyes over the telephone numbers themselves, each sequence of digits another fallible run of the infinite. I thus corrected my feelings for people and assembled myself emotionally into whatever else I had at hand—the obligating arms of the clothes hangers, usually, or the keen-angled understructure, the guardian legginess, of the ironing board. The woman said that in her case, though, it was more a matter of making slow circuits of the classroom where she had to put across the Emporial Sciences, retail theory and methods, to heat-giving and suggestive young women, some of them world cruelties already. There was the cooing of empty stomachs in the hour just before lunch, and the braying and fizzle of loaded stomachs in the low hours of the afternoon. She would recite her notes in a voice barely loyal to anyone octave, a tiny alluvium of slaver hardening at the corners of her mouth on the days she gave the glassy lozenges a slow, warming suck, and she would take lowering notice of how whatever she said succumbed at once to freak spellings and razzing paraphrase in the big, dividered notebooks; and because in midafternoon light the world looked as thorough, as filled in, as it was ever going to get, a better way to set about ruining her eyes was to review how hair had [161] established itself on the arms of the young women, because almost every arm had brought across itself a welcome and diversifying shadow. On one girl it would be a fine, driftless haze afloat above the white of the arm, never seeming to touch down on the skin itself. (An atmosphere, at most, of chestnut brown.) On another, it was as if copper wire, the narrowmost lengthlets of it, had been stuck into the fleshy batter of the thick, freckled forearms. On a third: a field of it–wheat-colored, thin-spun. On a fourth; a differencing, darkish updrift that shaded off as it approached the inner bend of the elbow, then re-emerged at the base of the upper arm as whiskery fringe. On others it was a brassy or rust-colored frizz, or it was as coarse as cornsilk, or it looked fussed on, as if the arm had been slowly stroked with charcoal. But here the woman broke off, or I may well have made an interruption of my own—I think I must have asked whether she was hungry, and she said if I was, and so on one of the lesser streets I parked the car and led her down into a belowstairs eating house I still remembered. Sandwiches were presently lowered in front of us. I watched her remove the festooned toothpick from hers and then play her fingers over the toasted planes before she took a fond first bite. "This is nice of you," she said. I must have looked at her in the way I then had of getting people to speak so they would not seem to be dwelling any longer on my features, because if on the well-set face the mouth and eyes are said to seem frozen in elegant orbit about the til) of the nose, then mine was a face that behold-[162]ers, regarders, could not help trying to round off with greater success, to goad the particulars of it back into the arcs they had wandered away from—the mouth, for instance, having been pursed and pinched suchwise that it seemed resident more on one side of the face than the other—and there were other signs of original strife to be busied with (slapdash eyebrows unbunched, it appeared, from reserves of hair elsewhere on my person; a showing of adult acne, a shrivelly little relevance of it, confined to the declivity of my nose); and so to be polite, the woman thus sank her gaze into her sandwich, and told me, in a voice lowered accordingly, that, one late-childhood summer, she had devoted herself to collecting postage stamps: it was a tongue-involving sideline to early-arriving puberty, and she liked having to lick the pale, gummed hinges instead of the sticky backs of the stamps themselves before entering everything into the hosting album; and once, during some foul weather between her and a brother (the older, thrown-over one, who had already made a habit of fooling the underside of his arm across the top of hers and calling her "pussified"), she reached for the shoe box in which she had let duplicate stamps accumulate—Spanish ones, mostly, of a fading orange—and sent the box slooshing through the lower air so that the stamps showered onto the brother's bare legs with a full, delicate harm. The woman was now touching up the surface of her iced tea with tiny activities, initiatives, of the longspun spoon. I myself was good at getting my touch onto things, although in a way that seemed to mix up the motive atoms inside [163] them, but I was satisfied that for the moment my sandwich, the unbitten-at half of it, was displayable and fit and local to my plate. The woman went on to say that, as a child, she had been bundled off, many an afternoon, to the slope-ceilinged quarters of a bachelor uncle who, when speaking of anybody not immediately present, could not bring himself to use the person's name but instead would say "an acquaintance of mine in ..." and then mention the name of some lapsed homeland, or little-loved rural orchestra, or backset building about to come down; and it was never a riddle, this device of his (not once could the girl have been expected to identify any of the subjects), and no matter how often and aloud he insisted that particularizing persons any further—bringing even a first name down upon anyone of them—would have been indecent, he claimed, much like doing things to people while they slept, the girl accepted all of the uncle's prim and extravagant evasion for what he surely must have intended it to be: a neat, protective trick to space the world out a little further in her favor, to scatter the population so that wherever her hand might at last come down, it would have to be on herself alone. And here I could sense that the woman wanted from my mouth an account of as much as I myself might have ever managed of attachment, so I told her I had once owned a house (a rising, really, of much-fingered, handwrought architecture that amounted to a little family of rooms above garages: a boxlike building with a rattly thorax of downspouts [164] and drainpipes and an unfolded but full-toned fire escape), and I had had for a time a boarder, a student, a high-colored, loose-packed representative of declining girlhood, hung with necklaces and barrettes, a girl of precise but shifting leanings and inclinations; and the afternoon she had come round to ask after the room, I stood in the entranceway, handshaken and asweat, and from what would later be my memory of the girl, I made off with, first, how every pore of her nose seemed to be sheltering within itself a tiny dark seedlet, a grain of something immediately, enormously valuable. And an almost lipless mouth (just a slit, practically), the teeth inside looking wet, watered-it was my life's chore, at that instant, to keep from sending the back of my thumb blotterlike across the line of them (I was later to learn she drank everything cold and through the narrowest of straws). And her hair: it was tea-colored hair she had, long and reachful, an unstopped downcome of it. Tall for a girl, but she managed to stay out of much of her height and put herself across as somebody backward, or behind. I must have told the girl, as best I could, that I of course had a wife, a full-faced, imperishable partner, though for the moment she was gone otherwhere in the marriage, and here the woman, my present companion, my tablemate, whose feet were now parked, in parallel, on the grade of my upper leg, interrupted to say that her husband, too, had been such a liar, and what could I bring up by way of reply other than that a lie is a truth struck through with other, further truth, or that a lie is the present multiplied by the past or that a lie [165] is an outcry of borrowed hope? The woman gave me an allowed look of disgust, her eyes lowered but still popular with me, and on I went with what had now become the girl of my story. For there had been a great, gainful carpet in the room I put the girl into, a matty expanse of coarse, grabby piles, an engrossing affair that took things into itself and held them tight, misered them, and I of course insisted that the girl not bother herself with its upkeep, that I enjoyed weekly access to a prestigious, upstanding vacuum cleaner; but no sooner was the girl out of the house each morning than I would withdraw from my room, where time was unportionable, and loose myself into the ticktock impertinence of the girl's room and get down on my knees, and, going after the carpet first with my fingers, then with a forceps, and finally by unspooling lengths of clear package-sealing tape and pressing them against the tufts in neat rectangles to catch what I might have missed, I brought vast tracts of the carpet to depletion, recovering not simply the girlinesses, the girleries, one would expect (buttons, straight pins, downed jewelry), but flirtier personalia in the form, say, of a stray confetto brought into the world when a page had been wrung with out caution from a spiral-bound notebook, or some pleated paper shells of the chocolates she required, or one of the bargain antihistamines she took to get her naps going, or a trash-bag tie ragged enough to show the kinked line of the wire within (this I would get wound around my finger), or a cough drop enwrapped like a bonbon (I would undo the [166] wings of the wrapper and have to decide whether to suck the drop all down or begin chewing it midway)—I became the following, the public, that these things, these off-faIlings, had come to have; but mostly there was hair, afloat above the uppermost pushings of the fabric of the carpet an almost continuous haziness of loose hairs of all lengths and sources, and I would have to set them out on a fresh sheet of paper and assort them according to the regions of the body they had taken their departure from, and in no time I had nest-like filiations of broken filaments and smaller involvements of the hairs that made me think of hooks, of barbs, of treble clefs, and each pile required a separate envelope, to be filed in a separate shoe box for every sector of the body until, I hoped, the boxes themselves would no longer be enough and I would have raised something semblable, brought up something equal in volume to the comprehensive girl herself. And her wastebasket! For every bit of rubbish, every dreariment she tossed into the thing, I would, in secret, deposit a reciprocal discard of my own, matching a spotted, confessory tissue of hers with a lurid throwaway after my own heart–the cardboard substructions of a fresh parcel of underwear, maybe, or tearings from pantyhose I now and again pressed against a span of my forearm to work onto it the complications of female shading I otherwise made do, choosily, without. I thus built the two of us up together in her trash! One afternoon-it was another of those lifeful, unsam-[167]pled days on which the world humors us each a little differently to keep us nicely on our last legs—I discovered in the wastebasket an inch-deep textbook of hers, a paperback with a celery-colored cover that had come partly unglued, and this dilapidation I paired off, naturally, with a name-your baby guide to whose pages, during my recurrent turnings of them, in bed or at table, I had contributed dried produces of my person, a chemical splendor entirely mine. This coupling sent a sudden spigoty thrill from me that forced an unbuckling and an unzipping and a cleanup with a handkerchief I then ventured responsively into the wastebasket as well. It was in the bathroom afterward that I found a suds-clouded puddle on the unlevel floor of the tub, a little undrained remainder, rimmed with offscum, of the girl's prolonged early-morning soak, and this was as much as I needed to get on my hands; I pressed them flat against the wet porcelain, then flapped them around in the air, and that was when I noticed it—in the amphitheater of the toilet bowl, an orange-yellow tint, or value, to the waters. When the girl arrived home that evening, I told her, of course, that I had discovered fresh, unforeseen trouble within the tank of thelet (a misalignment of the trip lever, a waywardness of the float ball, a ulation of the lift wires, kinks and defects, really, throughout the entire system) and that in fine it was an apparatus now operable only by means of advanced and strenuous equilibrial manipulations that it would be unseemly, inhospitable, of me to pre-[168]sume to burd to burden her with–so that from here on out, following any leak or evacuation she need merely lower the lid and then, before quitting the room, ring the handbell that had been placed on the would seeeverythinghing else. But the bell never rang, not even once, and from my window the next morning I watched the girl carry from the house a little plastic bag distended balloonishly, much like those bags you will remember having seen in the hands of children bearing homeward their solitary carnival-prize goldfish. In fact, I never ran across the likes of the girl again. The man who came to collect her things-not the father, apparently, but an advocate, an upholder-l found to be dull-eared and lax in his speech, and the better part of his face seemed to have already begun making tiny, rotational departures from whatever it was that the eyes, themselves impressively mobile, were just that moment having to take in. (Was there a lamp in the house that was not that night slopping its wattage over everything?) I guess I was waiting for the man to take a laggard, last-minute interest in me, and by now I was pushing everything out into the paired first person–it was, I said, “Our night shot,” and I began including the two of us in whatever it might be doing out, the expected sprinkles and such—but he was no friendship buff, and he paid no heed to my telling him that the only dress of hers I'd ever twidged myself into even part of the way had been the simplest of them all, a large-buttoned wonder of depthless blue, and then only on the principle that one naturally fits whatever one has into whatever somebody else [169] had first, or how else would the world keep getting any taller with people? The man just went about the removal of the girl's things without having to be reminded too noticeably, I guess, of how every dick hangs by a thread. My listener, though, had by this time brought about some becoming slowings of her arm—it was an arm inclinable to langorous diagonals and magicianly swoops through the air above the tabletop—but it no longer was involving itself with her plate, so I suggested we shove off, I made payment for the food, and on our way to the car, and then in the car as I took to following her pointings, the directional tilts of her head, she said that you naturally kept putting more and more of yourself into another person, at first wondering how much she can take, how much of you is accumulable and how much she can hold, and you're letting things out, disbursing yourself, and you've soon got things set up in her, and room is being made for even more of you, and if you bring this off with enough people, even two or three, what you've got is at first a comfort, because you can pass yourself along and move a little more widely through the world and leave it to these others to man your grievances, your disappointments; and what brought this to mind, the woman said, was a term of financial hardship she had contrived for herself a few years back, an unpaid leave of absence from scrupling letter grades onto quiz papers (propped-up As, and upended Bs made to look, rather, like fannies; all As and Bs, no Cs or anything lower, the difference between an A and a B having less to do with the accuracy of whatever facts might [170] have been impounded in provided for an answer than with anything recallable about the way the enrollee ad conformed her body to the confining perpendiculars of her chair and the navel-level writing surface that projected from it, or the way there might one day have been an unignorable blush on the instep of a once-moseying foot, disburdened of its shoe, that had got itself trapped in the grillwork of that cagelike involvement, intended for books, that was welded to, or otherwise schemed into, the underworks of the chair)—this had been a duration, in short, of controlled difficulty when the misexpenditure of even a twenty-dollar bill had set her thrilling, gloating, over everything she would miss out on, and one afternoon she had made an engagement for a haircut, just a trim, and very early in the session the haircutter, a woman ill-defined in the face but otherwise full of conspicuities of emotion, set down the prevailing scissors and pressed the flat of a lukewarm hand against the woman's cheek, held it there for a good minute or longer, while the other hand eventually found its way into a drawer, a shallow treasury of slender specialty scissors, one pair of which the cutter withdrew and began routing deductively through the woman's hair, the other hand staying put on the cheek, longer and longer, and the woman went home and for afterward the bathtub was now a more likely destination than any of the upright furniture, and it got easier to fill the tub with further clarifying volumes than to clear space on the difficult heights of the sofa, and she was hardly claiming to have become a cleaner [171] person in result—she in fact would often discover, voyaging about her body, a browned, fractionary detail of a larger crepe of toilet tissue that must have got itself stuck in some assy crevice and was impossible to get plucked out of the revolving suds—she was saying only that she spent more and more of her time thus immersed, ill off in water, and the haircutter had surely had a hand in it, the woman was doing some of the cutter's life now, coming into some of its wrong, because you sometimes have to look to somebody else's life to get dimensions set back even part of the way around your own, and it should not have to be any less your own life when it comes from somebody else, and you could surely fudge a society out of anyone available person and get this person doubling for the many, so that in the little run of things perpetuable from one person to the next, every loose moment stood to become a complete, active finality. But by now this was a new day, with only an hour or so off it already, and the place the woman had made me bring us to, the man's place, with a promise that the man was elsewhere—this was on a little offshoot of a street, a stewy efficiency apartment the color had long ago gone out of; and when, once in bed, still clothed, I found among the sheets and blankets a spoiling pair of the man's underpants, one of the leg openings of which was puckered into an avid, sloppy mouth, I held myself accountable for redisposing the fabric until I got a befitting featurelessness back onto it; but all the while, I am sure I had to make myself go over again in my mind that if the body is the porter of as many organs of affec-[172]tion as there might one day turn out to be, then the idea was to let the thing carry you to where you would otherwise never have any reason to arrive, because I listened for the unmelodiof the the thede ofthe woman's zipper, and then the woman made me put myself out of my own clothes, the attritional corduroys and overshirt, and got herself up at last onto the topic not of the man whose apartment it was (because his story was scarcely the story of how the boy who decides he is half a girl no sooner starts to worry about where the other half might than he gets careless with where he rests his eyes, or what he gives even the feeblest of fingerholds to, and anything, even a crumbly triangle of pie offered on a saucer instead of on a pie plate proper, comes in easy, ready, wronging answer), but of her husband, and how, no more than a couple of months into the marriage, he had begun snugging away in his undershorts a little source of chanc, reliable frictions to nudge him onward through the workday—anything company-keeping that could be counted on not to slide out of the elasticky leg holes: a half-dollar packet of chocolate tittles, maybe, that was barely noticeable in the baggy surround of the widecut trousers so popular at the time. For by now the woman had at last brought what is usually called the other mouth to within only inches of my lips, but it is not a mouth, obviously, although I let myself go along with the goodwill behind the comparison, the way I will remain loyal to anything deliberately and faithfully misunderstood, and I fussed my tongue against the vital trifles hung inside of her, as much of the curtailed finery as I could find, [173] and gave the whole insimplicity of it a slow-circling, examinational lick, until I was taking a sudden tepid downwash on the tongue. It was a familiar, latrine in dribble that must have tasted, no doubt, like trouble just starting out.p [1] Editor's Note: Original pagination from first edition print denoted with bracketed page numbers. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm by David WeinsteinDaniel PalmerDavid Weinstein. Equal Freedom and Utility: Herbert Spencer’s Liberal Utilitarianısm. Cambridge: Cambridge University Press, 1998. Pp. xii + 235. Cloth, $69.95.Herbert Spencer, though influential and widely read in the nineteenth century, has been largely neglected by contemporary philosophers. David Weinstein argues that this neglect is unjustified, and that Spencer’s moral and political thought deserves the same attention (...) that has been afforded to Spencer’s contemporary John Stuart Mill. The comparison with Mill is particularly important for Weinstein. Indeed, he claims that, like Mill, Spencer was a liberal utilitarian who attempted to preserve a place for strong moral rights within a broadly utilitarian framework.A large part of Weinstein’s study is devoted to delineating the precise nature of Spencer’s utilitarianism. Weinstein argues that Spencer is both more consistently utilitarian and more systematic than has often been alleged. In the first two chapters he discusses Spencer’s utilitarianism in relation to his metaphysical principles and his account of moral psychology. Weinstein convincingly demonstrates that Spencer’s liberal utilitarianism follows from his views on social evolution. Spencer viewed evolutionary processes as leading to increasing differentiation among phenomena, which implied for Spencer a trend towards greater individuation of persons as societies evolve. Evolutionary principles also led Spencer to view happiness as largely dependent upon the exercise of faculties. Together, these views lend support to what Weinstein sees as the centerpiece of Spencer’s liberal utilitarianism, his principle of equal freedom, or the claim that “each shall have as much liberty to pursue his ends as consists with maintaining like liberties to pursue their ends by others” (38). The increasing individuation of individuals coupled with the dependence of happiness upon the free exercise of our faculties guaranteed for Spencer that the greatest happiness will be generated through the adoption of the principle of equal freedom.Weinstein’s central argument is that Spencer’s moral philosophy offers a distinctive version of indirect utilitarianism. In chapters 3 through 5 he outlines the main contours of Spencer’s liberal utilitarianism and its relevance to contemporary discussions, maintaining that Spencer accepted the utilitarian principle as the ultimate criterion of actions. However, much like Mill, and in reaction to Bentham, he argued that any direct pursuit of the greatest happiness is self-defeating. Spencer’s indirect utilitarianism sought to promote the conditions upon which happiness is founded through the principle of equal freedom. Moral rights were for him merely corollaries of the principle that flesh out its empty formalism, providing the basis for deliberation. Concrete moral rights such as property rights, contract rights, and exchange rights are therefore the basis for our primary obligations and yet find their ultimate justification in the principle of utility.Spencer’s two-tiered account of our moral obligations is thus remarkably similar to Mill’s account of moral rights in Chapter 5 of Utilitarianism. The difference between them concerns the stringency of moral rights. While Mill saw moral rights as important, but ultimately defeasible, Spencer viewed them as indefeasible. While Mill’s position seems more plausible from the utilitarian perspective, Weinstein shows that Spencer’s stronger position must be judged in terms of his beliefs about the exercise of human [End Page 685] faculties. Weinstein correctly shows that if Spencer is wrong, it is not because, as critics have charged, his position is logically inconsistent, but because he held mistaken views about human nature and society.While the heart of Equal Freedom and Utility concerns the relation between utility and moral rights in Spencer’s work, the final two chapters are devoted to metaethics and applied ethics respectively. Weinstein marshals strong textual support to show that Spencer never simply defined the good as happiness and that G. E. Moore’s use of Spencer in Principia Ethica as an example of someone who committed a glaring version of the naturalistic fallacy was not justified. Spencer simply avoided prolonged treatments of such metaethical concerns. In the last chapter Weinstein argues that Spencer’s evolving views on land nationalization reveals both the general nature of Spencer’s derivation of moral rights from the principle... (shrink)

In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. (...) We begin by explicating the core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory of equality (...) and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

This paper develops a new theory of the morality of promissory obligations. T. M. Scanlon notoriously argued that promising consists in assuring the promisee that we will do something. I disagree. I argue that it is true that promising consists in assuring the promisee, but what the promisor gives to the promisee is not an assurance that they will do something, but that the normative situation is in a certain way.

I examine the self-interest based contractarian's attempt to answer the question, "Why be moral?" In order to defeat the skeptic who accepts reasons of self-interest only, contractarians must show that the best theory of practical reasons includes moral reasons. They must show that it is rational to act morally even when doing so conflicts with self-interest. ;I examine theories offered by Hobbes, Baier, and Grice, and show they fail to defeat skepticism. Hobbes' theory gives no special weight to moral reasons (...) as they can be eliminated in favor of prudential reasons; Baier's theory fails to establish that from the fact that it is rational to adopt the moral points of view, it is rational to act from it; and Grice's theory attempts to link promising, obligations, and reasons, but leaves certain crucial points in the argument undefended. ;In Morals by Agreement, Gauthier offers the best theory of its kind, and treatment of it constitutes the bulk of the thesis. Gauthier tries to refute the skeptic by showing that it is in one's interest to adopt a moral disposition, and that every action expressing the disposition is rational. The dispositional move is one the contractarian must make to avoid the problems facing the other theories examined. But Gautheir's argument for the rationality of the disposition relies on an empirically dubious assumption of translucency, and as such, fails to show that persons in ordinary circumstances are rational to be moral. Moreover, Gauthier fails to show that the rationality of the disposition carries over to the particular actions expressing it. The alternative view, called the "Independency Thesis," is more plausible than Gauthier's, but not available to him. Thus the contractarian fails to defeat skepticism. (shrink)

Argues that role obligations are not marginal, "that they are central to morality and should be taken seriously." "A 'role obligation' is a moral requirement, which attaches to an institutional role, whose content is fixed by the function of the role, and whose normative force flows from the role." Rejects what he calls the doctrine of perfect adequacy which holds that role obligations are both comprehensive and transparent. Although this may have been plausible at earlier times, it is clearly (...) implausible now. It is the implausibility of this doctrine which has led theorists to accept the standard view: which holds that role obligations that are noncontractual are extremely problematic. Once we reject the doctrine of perfect adequacy, however, we can see the significance of role obligations more clearly. [The content of role obligations, Hardimon admits, is indeterminate in the sense that it is subject to constructive interpretation. This suggests, however, that the obligations are not the source of their normative power, rather it is their justifying value which explains why some role requirements are obligatory. This is confirmed by the rest of the article.] One thing that should lead us to question the notion that we do not have obligations of this sort by considering what it would be like to have no noncontractual role obligations. [This, however, does not establish that the force of role obligations flows from the obligations themselves.] One objection to NCR obligations is that they may require acting in accordance with an unjust institution. However, the solution here is the same as with contractual obligations: unjust institutions and contracts do not bind. Moves on to identity. "What I am assuming is that most of us do at least tacitly conceive of ourselves as family members and citizens, that these self-understandings are central to our own general self-conception, and that we can, through reflection come to recognize that we do in fact conceive of ourselves in these ways. If this is correct, then abandoning the idea that we have noncontractual role obligations would require radical revision of our self-conception, for we cannot give up the idea of nonctractual role obligation without also ceasing to conceive of ourselves as family members and citizens. What, after all, would it mean to say that we conceive of ourselves as family members but regard oursleves as having no familial obligations whatsoever?...The upshot of the last two paragraphs is that the cost of abandoning our conception of ourselves as family members and citizens would be enormous." [The moral significance of identity is unclear here - is the only normative element loss of identity with rejection of role obligations? What of the case when one's identity is caught up in a role which requires one to act immorally in other ways?] If impressment is our concern, it shouldn't be, for role obligations are not like impressment - one is born into them, not impressed [how does this make a difference?]. Role must be reflectively acceptable to produce genuine obligations. "Determining whether a given social role is reflectively acceptable involves stepping back from that role in thought and asking whether it is a role people ought to occupy and play. Determining that a given social role is reflectively acceptable involves judging that it is meaningful, rational, or good." [Hence, some independent value is going to do all the work for role obligations - the normative force of a role does not flow from the role itself.] Concerning voluntary roles - even if we agree that voluntary acceptance is essential, this omits important elements of role identification. "The key component of the idea of identifying with a role is that of conceiving of oneself as someone for whom the norms, that is, the evaluative standards associated with a role, its rights, duties, virtues, ideals, and supererogations, have reason-giving force. Here is the idea. If you identify with a role, its norms will function for you as reasons. If you are a judge who identifies with the role of judge, the fact that this is something judges do will give you a reason for doing it." [Clearly a non-sequiter - conceiving of oneself as having a reason does not give oneself a reason for doing - there must actually be a reason for doing something. Moreover, the content of the role may be in question - and here we are to engage in constructive interpretation, which is just to say that we are to identify some underlying value and this will serve to justify and determine the content of the role. Refers to usage of "look, its your job" as basis for substantiating claims about the normative force of identity. "But here a basic point of similarity emerges between contractual and noncontractual role obligations. People can and do identify with their noncontractual roles and not just with their contractual roles. And when they do, assuming that the appropriate background moral conditions are in place, the fact taht they occupy these roles will provide them with reasons for carrying out the tasks of their noncontractual roles...The basic form of motivation provided by identification with contractual and noncontractual role obligations is the same.". (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

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 first shows that both types of inducements are understood as being complementary on the linguistic level, but not reversible, due to the specific temporal order of their actions. In addition, it gives a first assessment of emotional reactions. The second experiment investigated the novel question of whether complementary promises and threats, despite semantic differences, both imply an obligation to cooperate on the deontic level. The data corroborate this hypothesis, and they support various appraisal-theoretical assumptions on the elicitation of emotions. They also reveal that content affects not only the attribution of emotions, but also the deontic interpretation. (shrink)

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 first shows that both types of inducements are understood as being complementary on the linguistic level, but not reversible, due to the specific temporal order of their actions. In addition, it gives a first assessment of emotional reactions. The second experiment investigated the novel question of whether complementary promises and threats, despite semantic differences, both imply an obligation to cooperate on the deontic level. The data corroborate this hypothesis, and they support various appraisal-theoretical assumptions on the elicitation of emotions. They also reveal that content affects not only the attribution of emotions, but also the deontic interpretation. (shrink)

The doctrine of promissory fraud holds that a contractual promise implicitly represents an intent to perform. A promisor's conditional intent to perform poses a problem for that doctrine. It is clear that some undisclosed conditions on the promisor's intent should result in liability for promissory fraud. Yet no promisor intends to perform come what may, so there is a sense in which all promisors conditionally intend to perform. Building on Michael Bratman's planning theory of intentions, this article provides (...) a theoretical account of the distinction between “foreground” and “background” conditions on intentions in general and then explains why foreground conditions on a promisor's intent to perform are likely to result in material promissory misrepresentation, while background conditions are not. The difference between foreground and background conditions lies in whether the agent accepts the satisfaction of the condition for the purposes of her practical reasoning. A promisor's nonacceptance of a condition on her intent to perform is material because it is likely to affect her preperformance deliberations and investment in the transaction, as well as her willingness to seek agreement with the promisee on how to fill contractual gaps. (shrink)

Qualitative research carried out within human science must provide justification for its findings. However, the justification of empirical claims concerning human meanings has to be approached in new ways: Quantitative procedures of validation or the use of experimental control are inappropriate. Many researchers have attempted to follow Schutz's ''postulate of adequacy," which lays down as a condition of acceptability of a scientific account of human action that it be understandable by the actor in terms of commonsense interpretation of everyday life. (...) For instance, Harré suggests "validating" descriptions by ensuring that subjects of the research approve them. Against this approach, it is insisted that human science research is essentially an interpersonal process, and that therefore research activities cannot avoid such Goffmanesque features of self-presentation as resistance to being understood and eager acceptance of understanding, which are both pervasive possibilities of all social interaction. Thus, the research participant's agreement or disagreement cannot be taken as evidence as to the adequacy of a qualitative research description or interpretation. (shrink)