David Owens

It is widely held that one who sincerely promises to do something must at least intend to do that thing: a promise communicates the intention to perform. In this paper, I argue that a promise need only communicate the intention to undertake an obligation to perform. I consider examples of sincere promisors who have no intention of performing. I argue that this fits well with what we want to say about other performatives - giving, commanding etc. Furthermore, it supports a theory of promissory obligation which I have advocated elsewhere - the authority interest theory - against the orthodox information interest theory.

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.

Why do human beings make and accept promises? What human interest is served by this procedure? Many hold that promising serves what I shall call an information interest, an interest in information about what will happen. And they hold that human beings ought to keep their promises because breaches of promise threaten this interest. On this view human beings take promises seriously because we want correct information about how other human beings are going to act. Some such view is taken for granted by most philosophical accounts of promissory obligation.1 I agree that human beings do want such information and that they often get it by accepting promises. But I doubt that promising exists because it serves this information interest.

The question of toleration, of whether we should express disapproval at wrongdoing, is distinguished from the question of accommodation, of whether we should interfere with such wrongdoing. Liberal doctrines of accommodation invoke the value of autonomy. A doctrine of toleration is proposed that is based instead on the value of civility, on the value of suppressing the public expression of disapproval. Civility is of value within various relationships, a point illustrated by an examination of friendship. This doctrine of tolerance as civility is needed to explain practices of toleration among illiberal peoples and it suggests a way of extending such practices to others who do not value personal autonomy.

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’.