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How can a promise be a lie? Answer: when the promisor never intended to perform the promise. Such incidences of promissory fraud are frequently litigated because they can result in punitive damages awards. And an insincere promisor can even be held criminally liable. Yet courts have provided little guidance about what the scope of liability should be or what proof should be required. This book—the first ever devoted to the analysis of promissory fraud—answers these questions. Filled with examples of insincere promising from the case law as well as from literature and popular culture, the book is an indispensable guide for those who practice or teach contract law. The authors explore what promises say from the perspectives of philosophy, economics, and the law. They identify four chief mistakes that courts make in promissory fraud cases. And they offer a theory for how courts and practitioners should handle promissory fraud cases.
'This small but tightly packed volume is easily the most substantial discussion of speech acts since John Austin's How To Do Things With Words and one of the most important contributions to the philosophy of language in recent decades.'--Philosophical Quarterly
Comprising 16 original contributions, this is the first collection of philosophical papers on promises and agreements, topics which are enjoying a renaissance in social, moral and legal philosophy.
Pragmatics of Speech Actions by Marina Sbisà,Ken Turner Pdf
This volume provides extensive critical information about current discussions in the study of speech actions. Its central reference point is classic speech act theory, but attention is also paid to nonstandard developments and other approaches that study speech as action. The first part of the volume deals with main concepts, methodological issues and phenomena common to different kinds of speech action. The second part deals with specific kinds of speech actions, including types of illocutionary acts and some discourse and conversational phenomena. Reduced series price (print) available! [email protected].
The New Yearbook for Phenomenology and Phenomenological Philosophy by Burt C. Hopkins,John J. Drummond Pdf
Volume XIX Reinach and Contemporary Philosophy Aim and Scope: The New Yearbook for Phenomenology and Phenomenological Philosophy provides an annual international forum for phenomenological research in the spirit of Husserl’s groundbreaking work and the extension of this work by such figures as Scheler, Heidegger, Sartre, Levinas, Merleau-Ponty, and Gadamer. Contributors: Emanuela Carta, Maciej Czerkawski, Francesca De Vecchi, Aurélien Djian, Christopher Erhard, Guillaume Fréchette, Hynek Janoušek, Olimpia Giuliana Loddo, Giuseppe Lorini, Karl Mertens, Riccardo Paparusso, Fabio Tommy Pellizzer, Francesco Pisano, Alessandro Salice, Denis Seron, Michela Summa, Genki Uemura, Basil Vassilicos, and Íngrid Vendrell Ferran. Submissions: Manuscripts, prepared for blind review, should be submitted to the Editors ([email protected] and [email protected]) electronically via e-mail attachments.
In this book, Pieter Seuren presents a radically new perspective on the study of linguistic meaning, the place of logic in language and the embedding of language in cognition. Throughout his ambitious enterprise, he maintains a constant dialogue with established views, reflecting on their development from Ancient Greece to the present.
Groundwork for the Metaphysics of Morals by Immanuel Kant Pdf
Immanuel Kant’s Groundwork for the Metaphysics of Morals is one of the most important texts in the history of ethics. In it Kant searches for the supreme principle of morality and argues for a conception of the moral life that has made this work a continuing source of controversy and an object of reinterpretation for over two centuries. This new edition of Kant’s work provides a fresh translation that is uniquely faithful to the German original and more fully annotated than any previous translation. There are also four essays by well-known scholars that discuss Kant’s views and the philosophical issues raised by the Groundwork. J.B. Schneewind defends the continuing interest in Kantian ethics by examining its historical relation both to the ethical thought that preceded it and to its influence on the ethical theories that came after it; Marcia Baron sheds light on Kant’s famous views about moral motivation; and Shelly Kagan and Allen W. Wood advocate contrasting interpretations of Kantian ethics and its practical implications.
We become untrustworthy when we break our promises, miss our deadlines, or offer up unreliable information. If we aim to be a trustworthy person, we need to act in line with our existing commitments and we must also take care not to bite off more than we can chew when new opportunities come along. But often it is not clear what we will be able to manage, what obstacles may prevent us from keeping our promises, or what changes may make our information unreliable. In the face of such uncertainties, trustworthiness typically directs us towards caution and hesitancy, and away from generosity, spontaneity, or shouldering burdens for others. In How To Be Trustworthy, Katherine Hawley explores what trustworthiness means in our lives and the dilemmas which arise if we value trustworthiness in an uncertain world. She argues there is no way of guaranteeing a clean conscience. We can become untrustworthy by taking on too many commitments, no matter how well-meaning we are, yet we can become bad friends, colleagues, parents, or citizens if we take on too few commitments. Hawley shows that we can all benefit by being more sensitive to obstacles to trustworthiness, and recognising that those who live in challenging personal circumstances face greater obstacles than other members of society—whether visibly or invisibly disadvantaged through material poverty, poor health, social exclusion, or power imbalances.
Promises and Contract Law is the first modern work to explore the significance of promise to contract law from a comparative legal perspective. Part I explores the component elements of promise, its role in Greek thought and Roman law, the importance of the moral duty to keep promises and the development of promissory ideas in medieval legal scholarship. Part II considers the modern contract law of a number of legal systems from a promissory perspective. The focus is on the law of England, Germany and three mixed legal systems (Scotland, South Africa and Louisiana), though other legal systems are also mentioned. Major topics subjected to a promissory analysis include formation of contract, third party rights, contractual remedies and the renunciation of contractual rights. Part III analyses the future role which promise might play in contract law, especially within a harmonised European contract law.
Promises, Oaths, and Vows by Herbert J. Schlesinger Pdf
Considering that getting along in civil society is based on the expectation that (most) people will do what they say they will do, i.e., essentially live up to their explicit or implicit promises, it is amazing that so little scientific attention has been given to the act of promising. A great deal of research has been done on the moral development of children, for example, but not on the child’s ability to make and keep a promise, one of the highest moral achievements. What makes it possible developmentally, cognitively, and emotionally to make a promise in the first place? And on the other hand, what compels one to keep a promise (or vow or threat) when there seems to be no personal advantage in doing so, and even when harm can be predicted? How do we know when a promise is offered seriously to be taken at face value, and how do we understand that another is only a polite gesture, not to be taken seriously? In Promises, Oaths, and Vows: On the Psychology of Promising, Herbert Schlesinger addresses these questions, drawing on the literature of moral development in children; the psychotherapy of a patient who regularly broke promises that were unnecessary in the first place; those who were regarded as "promising youngsters" who did not fulfill their "promise"; and those who feared making a promise, a commitment, or a threat out of fear that, once made, the utterance would take on a life of its own and could never be taken back. Furthermore, he illustrates his conclusions by examining the widespread use of promising in classical literature, such as Greek drama and the plays of Shakespeare, as well as the motivating and reifying power of the promise in Western religious traditions. With a style honed over the penning of two previous books, Schlesinger once again produces a work grounded in a firm analytic sensibility, but which also retains the wit and candor of the seasoned analyst. His seminal investigation of this all but neglected topic in the clinical literature is as timely as it is scholarly, and – with the title firmly in mind – Promises, Oaths, and Vows is assured to be a worthy addition to any clinician’s library and a provoking investigation into Nietzsche’s notion of man as "the animal who makes promises."
Ends and Principles in Kant’s Moral Thought by John E. Atwell Pdf
Immanuel Kant (1724-1804) stands among the greatest thinkers of the Western world. There is hardly an area of thought, at least of philosophical thought, to which he did not make significant and lasting contributions. Particularly noteworthy are his writings on the foundations and limits of human knowledge, the bidimensional nature of perceptual or "natural" objects (including human beings), the basic principles and ends of morality, the character of a just society and of a world at peace, the movement and direction of human history, the nature of beauty, the end or purpose of all creation, the proper education of young people, the true conception of religion, and on and on. Though Kant was a life-long resident of Konigsberg, Prussia - child, student, tutor, and then professor of philosophy (and other subjects) - his thought ranged over nearly all the world and even beyond. Reports reveal that he (a bachelor) was an amiable man, highly respected by his students and colleagues, and even loved by his several close friends. He was apparently a man of integrity, both in his personal relations and in his pursuit of knowledge and truth. Despite his somewhat pessimistic attitude toward the moral progress of mankind - judging from past history and contemporary events - he never wavered from a deep-seated faith in the goodness of the human heart, in man's "splendid disposition toward the good.
The Bloomsbury Handbook of Ethics by Christian B. Miller Pdf
Updated and expanded to represent the fundamental questions at the heart of philosophical ethics today, the second edition of The Bloomsbury Handbook of Ethics covers the key topics in metaethics and normative ethical theory. This edition includes 12 fully revised chapters, and 3 newly commissioned contributions from a range of esteemed academics who provide accessible introductions to their own areas of expertise. The first part of the book covers the field of metaethics, including subjects such as moral realism, expressivism, constructivism, practical reason, moral psychology, experimental ethics, and evolutionary ethics, as well as two new chapters that respond to ethical debates concerning moral relativism and moral responsibility that enable students and scholars to better navigate this complicated ethical terrain. Moving onto normative ethical theory, the second part of the book ranges across morality and religion, consequentialism, and particularism, as well as Kantian, virtue, feminist, and Confucian ethics. This comprehensive edition provides a one-stop resource for students of ethics, which includes updated detailed overviews of the field and methodological issues, as well as an appendix of additional resources, including technical terms in ethics.
This is Volume V of twenty-two of a collection on 20th Century Philosophy. Originally published in 1964, this collection contains original papers assembled and representative in their styles, methods, and preoccupations. The various problems here discussed where to the author both important and unsolved: if others are stimulated to make further progress in solving them, the main purpose of this collection will have been achieved.