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Promising Under Duress

Saprai, P; (2019) Promising Under Duress. Law and Philosophy 10.1007/s10982-019-09356-4. (In press). Green open access

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Abstract

In her chapter “Duress and Moral Progress”, Seana Shiffrin offers a novel perspective on coerced promises. According to the dominant view, these promises confer no right to performance on the coercer and do not create new reasons for the victim. Shiffrin accepts that these promises fail to confer rights, but disagrees that they never alter the victim’s moral profile. She argues that they do at least where promises are ‘initiated’ by the victim, rather than ‘dictated’ by the coercer. The initiation of a promise, albeit in far from ideal circumstances, opens the door, Shiffrin claims, to valuable opportunities for moral progress. In this response, I argue that Shiffrin makes a misstep by not rejecting the dominant view altogether. I suggest that the older Hobbesian picture, according to which coerced promises do confer rights, is supported by our moral and legal practices. Furthermore, it makes moral progress more likely.

Type: Article
Title: Promising Under Duress
Open access status: An open access version is available from UCL Discovery
DOI: 10.1007/s10982-019-09356-4
Publisher version: https://doi.org/10.1007/s10982-019-09356-4
Language: English
Additional information: © The Author(s) 2019. This article is distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/).
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10067187
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