This volume, which comprises sixteen original contributions, is the first collection of philosophical papers on promises and agreements - topics enjoying a renaissance in social, moral, and legal philosophy.

To promise someone to do something is to commit oneself to that person to do that thing, but what does that commitment consist of? Some think a promissory commitment is an obligation to do what’s promised, and that while promising practices facilitate the creation of promissory obligations, they are not essential to them. I favor the broadly Humean view in which, when it comes to promises (and so promissory obligations), practices are of the essence. I propose the Practice Reason Account (...) of promises, according to which a promise is basically to give oneself a self-interested practice reason to do what’s promised. One achieves this feat by invoking self-enforcing independent practice rules thanks to which one’s doing what’s promised preserves one’s promissory trust(worthiness) and promising power. However, nothing in this account supports the Hume-Rawls claim that promise-keeping or promise-breaking is right just when and because it conforms to practice rules that are justified by their good- or right-making properties. (shrink)

Developments in contract law over the past century have led to the proliferation of interpretive theories according to which contract law is no longer a sui generisi legal branch. It is widely accepted that if there is a sui generis contractual obligation, it must somehow be based on the wills of the parties. But a new orthodoxy in contract theory claims that the role of the will of the parties in contract law has been progressively shrinking due to judicial doctrines (...) within the law of contract and also to general statutory provisions. It is no longer apparent that there is any interesting sense in which contractual liability is based on the will of the parties. Hence, so it is claimed, contract law has lost its sui generis nature. The article challenges this new orthodoxy. But rather than reverting to the old orthodoxy—the will theory of contracts (or its contemporary rendition, contract as promise)—it argues that we should resist being forced to choose between them. The article argues that the purpose of contractual liability is to support the practice of voluntary obligations. This view preserves an important connection between contractual liability and voluntary undertakings and meets the objections that beset the will theory. (shrink)

Justice, you might think, is the first virtue of the law. After all, we call our judges justices, the administration of law the administration of justice, and the government's legal department the Justice Department. We should reject this Priority of Justice for the Law in favor of the more moderate Priority of Justice for the Courts, the view that justice is the first virtue of the law courts. Under its comparative conception, justice is distinguishable by its concern with the relative (...) positions of subjects. I claim that legal duties divide into primary and secondary, that primary legal duties are not essentially comparative, and that this impugns the Priority of Comparative Justice for the Law. Still, the bipolar structure of litigation appears to suggest that comparative justice is the first virtue of the courts. I explain why that is not so. I then introduce a desert-based conception of justice I dub requitative justice. I argue that the Priority of Justice for the Law cannot draw succor from this conception of justice because primary legal duties are no more requitative than they are comparative. However, the special affinity between law courts and secondary legal duties suggests that requitative justice is the first virtue of the courts. Finally, I concede that the Priority of Justice for the Courts gives us reason to accept the Priority of Justice for the Law after all, if we accept the common Priority of Courts for the Law, the view that the courts are the first institution of the law. We should not do so, however. (shrink)

Unrejectability is the property shared by things no one could reasonably reject. Following the lead of T. M. Scanlon, modern contractualists hold Principle Contractualism: An act is obligatory when conformity to unrejectable principles requires its performance. This article entertains Act Contractualism: An act is obligatory when its performance is unrejectable. The article hypothesizes that Principle Contractualism owes its initial plausibility to the assumption that following it somehow realizes unrejectability, if only indirectly. The article then argues that, whereas following Act Contractualism (...) realizes unrejectability, following Principle Contractualism realizes a convoluted, principle-mediated, non-causal conformity relation between acts and unrejectability. But then the notion that this relation is what matters ultimately in action does not seem to enjoy independent plausibility. After interrogating Scanlon's objection that the challenge to the principle-based nature of contractualism is , I conclude that Act Contractualism is the more fitting contractualist theory of obligation. (shrink)

This article offers a refutation of the corrective justice interpretation of tort law – the view that it is essentially a system of corrective justice. It introduces a distinction between primary and secondary tort duties and claims that tort law is best understood as the union of its primary and secondary duties. It then advances two independent criticisms of the corrective justice interpretation. The article first argues that primary tort duties have nothing fundamentally to do with corrective justice and that, (...) if one understands what is meant by ``primary tort duties,'' one is compelled to regard this fact as a decisive objection to the corrective justice interpretation. Second, it argues that, whatever relation there is between secondary tort duties and corrective justice, that relation also holds between corrective justice and secondary duties of other legal branches. In sum, the concept of corrective justice is neither capable of unifying tort law nor of demarcating it from other legal branches.The article also offers a general alternative interpretation of tort law. Rather than being essentially corrective, tort law is essentially protective. Under this picture, if tort law has a most important point, it is the protection of legal subjects and valuable social interests from harm. This is the overarching ambition that unifies primary and secondary tort duties. It does not, however, demarcate tort law from other legal branches. (shrink)

One dimension of cognitive success concerns getting it right: having many true beliefs and no false ones. Another dimension of cognitive success concerns using the right concepts. For example, using a concept of a person that systematically excludes people of certain demographics from its extension is a sort of cognitive deficiency. This view, if correct, tasks inquirers with critically examining the concepts they are using and perhaps replacing those concepts with new and better ones. This task is often referred to (...) as “conceptual engineering”. However, so far it is unclear what exactly happens in cases of conceptual engineering. How does language change when we engineer a concept? This article offers an answer. I propose a view on which, when speakers assess the truth of propositions, they often rely on assumptions with regard to what is required for their truth. For example, when speakers assess whether unborn fetuses are people, they rely on assumptions with regard to what is required to be a person. Based on this idea, I develop a model of conceptual engineering according to which speakers “engineer concepts” when they change how they assess the truth of propositions. For example, speakers engineer the concept of a person when they change how they assess the truth of the proposition that unborn fetuses are people. (shrink)

The aim of this paper is to define a notion of supervenience which can adequately describe the systematic dependence of extrinsic as well as of intrinsic higher-level properties on base-level features. We argue that none of the standard notions of supervenience—the concepts of weak, strong and global supervenience—fulfil this function. The concept of regional supervenience, which is purported to improve on the standard conceptions, turns out to be problematic as well. As a new approach, we develop the notion of property-dependent (...) supervenience. This notion is founded on a criterion of relevance adapting the supervenience base to the considered higher-level properties in a specific way, such that only features which are relevant to the instantiation of the higher-level properties under consideration are taken into account. (shrink)

This is the first monograph devoted to the theology of the Epinomis. It argues that the work offers a revised Platonic conception of the divine better suited to the political imperatives of the post-Classical age. The Epinomis is an 'appendix' to Plato's Laws written by Plato's student, Philip of Opus. Through a comprehensive analysis of the Epinomis' lexicon, and comparisons with the Corpus Platonicum, Vera Calchi offers readers an insight into the Epinomis' philosophical and historical context, purpose, and legacy. (...) Calchi argues that Philip effectively reshapes Plato's metaphysical language into a theology premised on the immanence of God in the heavens. The resulting account of God's providential activity in the cosmos, which offers a new way of thinking about morality and political order, can be regarded as a major step towards the cosmic theology of the Hellenistic period. The Theology of the Epinomis is suitable for students and scholars of ancient philosophy, particularly those working on the Epinomis and Platonic philosophy. It will also be of interest to those studying the history of religion and theology in antiquity. (shrink)

Promoting a better understanding of the phenomenon of colonization and its connection with environmental knowledge and technology, this article proposes a reframing of research agendas to take into account the municipal character of colonization in the Hispanic realm and to ask new questions. Questions should address what human–ecosystem relations, and the ways of knowing and techniques for transforming the physical realm, can tell us about colonization itself; who the historical agents involved were, and what these actors knew, learned, and did (...) in their environments. Using the Basin of Mexico’s drainage and the agency of commoners, this article proposes that colonization depends on the massive deployment and generation of tacit knowledge about how to harness matter, energy, and time for the reproduction of human societies; the quotidian appropriation and reworking of autochthonous knowledge, techniques, and technology by the colonizing groups; the collaboration of the local populations in whom these are vested; and the agency of commoners with practical skills, environmental knowledge, and technological savvy derived from and honed in the realm of material production. In the Ibero-American realm, these agents were primarily commoners with skills in agropastoral production and the building trades; race, ethnicity, language, and gender were secondary conditions. (shrink)

A large network of alchemical agents spread from the tiny, land-locked duchy of Saxe- Gotha-Altenburg outward across Europe. At its centre, Duke Friedrich I meticulously documented his interactions with many alchemical personalities during the 1670s and 1680s. The story of one such personality illustrates the changing meanings of distant alchemical knowledge both to the inner circle of courtly alchemists and to a larger alchemical republic. Born near Gotha, Johann Otto von Hellwig built his pan-European career on a youthful stay on (...) Java. To some, this indicated his access to exotic naturalia which might be imported to a centre of collection, such as Gotha. For others, Hellwig could access a wisdom hidden abroad since ancient Egypt, which should be disseminated among widely dispersed adepts. These viewpoints indicate different functions for distant knowledge, as well as differing desired trajectories for this knowledge. (shrink)

This article examines Boris N. Chicherin’s ideas about property. It shows that the thinker interprets property as a material form of the objectification of human freedom, the most important and nec...

La pobreza y la desigualdad pueden ser descritas y explicadas por medio de disciplinas como la sociología o la economía, pero la filosofía y la teoría política también han posado su mirada en estos fenómenos. Más concretamente, las distintas acepciones de las ideologías –como falsificación, así como en sentido fuerte y atenuado– atienden a la realidad de la inequidad actuando como mediaciones cognitivas. Desde una dimensión normativa vertebran construcciones retóricas que legitiman o impugnan las desigualdades. En este último supuesto, las (...) ideologías ofrecen prescripciones para solventar tales desequilibrios. Por medio de marxismo, conservadurismo y liberalismo resulta posible advertir la construcción de dichas retóricas de la ideológica desigualdad. En consecuencia, existirían ideológicas igualdades o desigualdades. (shrink)

The purpose of this article is to clarify the importance of questions about the nature of reality for understanding the basic ideas of Thomas Kuhn’s philosophy of science. For Kuhn, the topic of reality is not "too metaphysical" and therefore undesirable, as for the neo-positivists, although in a certain sense it is “premature” and will emerge later in the discussions of realists and anti-realists in full measure. The ontological meaning of the problem of the relationship between science and reality appears (...) in Kuhn’s works as a side topic of his epistemological research. The first part of the paper analyzes Kuhn’s statements about reality and determines his ontological position; the second part considers how the problematic of reality was clarified in his polemic with his critics, who either, like K. Hempel, turn Kuhn to clarify some points of his ideas about reality, or, like M. Masterman, give their interpretation of his ideas, with which he agrees. The third part of the paper shows how Kuhn’s anti-realism is reflected in his epistemological and methodological understanding of objectivity and truth in science. The conclusion of the paper is that Kuhn’s epistemological skepticism is becoming increasingly evident to himself and his critics, and his anti-realist ontological position becomes apparent against this background. (shrink)

We show that is consistent with the existence of a -definable wellorder of the reals and a -definable ω-mad subfamily of [ω]ω.

Most courts around the world have been refusing wrongful life actions. The main argument invoked is that the supposed compensable injury cannot be classified as such, since life is always a blessing no matter how hard and painful it is.In opposition to mainstream scholars and the dominant case law, this article sustains that life must be distinguished from living conditions, the former being the real injury at stake, since some living conditions are so intolerable that in themselves they justify a (...) compensation within wrongful life actions. (shrink)

The utility of recognising emotion expressions for coordinating social interactions is well documented, but less is known about how continuously changing emotion displays are perceived. The nonlinear dynamic systems view of emotions suggests that mixed emotion expressions in the middle of displays of changing expressions may be decoded differently depending on the expression origin. Hysteresis is when an impression (e.g., disgust) persists well after changes in facial expressions that favour an alternative impression (e.g., anger). In expression changes based on photographs (...) (Study 1) and avatar images (Studies 2a–c, 3), we found hystereses particularly in changes between emotions that are perceptually similar (e.g., anger–disgust). We also consistently found uncertainty (neither emotion contributing to the mixed expression was perceived), which was more prevalent in expression sequences than in static images. Uncertainty occurred particularly in changes between emotions that are perceptually dissimilar, such as changes between happiness and negative emotions. This suggests that the perceptual similarity of emotion expressions may determine the extent to which hysteresis and uncertainty occur. Both hysteresis and uncertainty effects support our premise that emotion decoding is state dependent, a characteristic of dynamic systems. We propose avenues to test possible underlying mechanisms. (shrink)

(2000). Disability, Geography and Ethics. Philosophy & Geography: Vol. 3, No. 1, pp. 70-80.