Are There Any Conventional Obligations?

Legal Theory 29 (2):90-121 (2023)
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Abstract

There are reasons to believe that conventional obligations are impossible. Thus, it could be argued that for me to have an obligation to Φ in virtue of the fact that a convention so requires, it must be the case that I have a convention-independent obligation to do something else such that, given the existence of the convention, Φing is a way of doing just that. But, then, my obligation to Φ would not really be conventional at all. On closer inspection, so-called conventional obligations turn out to be no more than a specification of what our nonconventional obligations require given the circumstances. In this paper, I shall argue that contra to what this argument suggests, there can be genuinely conventional obligations. To do so, I develop a second-personal account of conventional obligations, according to which obligations are grounded by conventions in virtue of an explanation that does not follow the indicated pattern.

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Ezequiel H. Monti
Universidad Torcuato Di Tella (UTDT)

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References found in this work

Are there any natural rights?Herbert Hart - 1955 - Philosophical Review 64 (2):175-191.
Giving Practical Reasons.David Enoch - 2011 - Philosophers' Imprint 11.
Wrong by Convention.David Owens - 2017 - Ethics 127 (3):553-575.

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