David Owens

Why have philosophers since Hume regarded promising as problematic? I distinguish two problems raised by Hume. The problem of the bare wrong is the problem of how it can make sense to avoid a wrong when the wrong does not affect any intelligible human interest. The problem of normative power is the problem of how something can be a wrong simply because it has been declared to be a wrong. I argue that the problem of the bare wrong is more basic. I then examine the attempts of practice theorists like Hume and Rawls to overcome the problem of the bare wrong by arguing that whenever breach of promise seems like a bare wrong, in fact human interests are adversely affected because a socially valuable practice is damaged. I argue that their various explanations cannot cover all the cases. I then formulate an assumption which is shared by all practice theorists (and others) namely the assumption that we take promises seriously because they serve our interest in social co-ordination. I argue that if this assumption were true, there need be no practice of promise-keeping for promises to bind. Furthermore, were this assumption true, promising would be a social tool that we could largely do without. And so long as promising intelligibility is in doubt (because of the problem of the bare wrong) an adherent of the social co-ordination hypothesis should assume that we largely do do without it. So anyone who gives promising a key role in human social life must reject the social co-ordination hypothesis.

An invalid promise is one whose breach does not wrong the promisee. I describe two different accounts of why duress and deception invalidate promises. According to the fault account duress and deception invalidate a promise just when it was wrong for the promisee to induce the promisor to promise in that way. According to the injury account, duress and deception invalidate a promise just when by inducing the promise in that way the promisee wrongs the promisor. I demonstrate that the injury account is superior. I then argue that in this respect promising is like any exercise of a normative power. I conclude by distinguishing two theories of promissory obligation, a widely held view which I call the information interest theory and an alternative which I call the authority interest theory. I argue that the points established earlier support the authority interest theory over its rival.

This paper addresses two questions. First can a binding promise conflict with other binding promises and thereby generate conflicting obligations? Second can binding promises conflict with other non-promissory obligations, so that we are obliged to keep so-called ‘wicked promises’? The answer to both questions is ‘yes’. The discussion examines both ‘natural right’ and ‘social practice’ approaches to promissory obligation and I conclude that neither can explain why we should be unable to make binding promises that conflict with our prior obligations. There is also consideration of the parallel case of ‘wicked commands’.