{"title":"是否有约定义务?","authors":"Ezequiel H. Monti","doi":"10.1017/S1352325223000071","DOIUrl":null,"url":null,"abstract":"Abstract There are reasons to believe that conventional obligations are impossible. Thus, it could be argued that for me to have an obligation to Φ in virtue of the fact that a convention so requires, it must be the case that I have a convention-independent obligation to do something else such that, given the existence of the convention, Φing is a way of doing just that. But, then, my obligation to Φ would not really be conventional at all. On closer inspection, so-called conventional obligations turn out to be no more than a specification of what our nonconventional obligations require given the circumstances. In this paper, I shall argue that contra to what this argument suggests, there can be genuinely conventional obligations. To do so, I develop a second-personal account of conventional obligations, according to which obligations are grounded by conventions in virtue of an explanation that does not follow the indicated pattern.","PeriodicalId":44287,"journal":{"name":"Legal Theory","volume":"29 1","pages":"90 - 121"},"PeriodicalIF":1.2000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Are There Any Conventional Obligations?\",\"authors\":\"Ezequiel H. Monti\",\"doi\":\"10.1017/S1352325223000071\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract There are reasons to believe that conventional obligations are impossible. Thus, it could be argued that for me to have an obligation to Φ in virtue of the fact that a convention so requires, it must be the case that I have a convention-independent obligation to do something else such that, given the existence of the convention, Φing is a way of doing just that. But, then, my obligation to Φ would not really be conventional at all. On closer inspection, so-called conventional obligations turn out to be no more than a specification of what our nonconventional obligations require given the circumstances. In this paper, I shall argue that contra to what this argument suggests, there can be genuinely conventional obligations. To do so, I develop a second-personal account of conventional obligations, according to which obligations are grounded by conventions in virtue of an explanation that does not follow the indicated pattern.\",\"PeriodicalId\":44287,\"journal\":{\"name\":\"Legal Theory\",\"volume\":\"29 1\",\"pages\":\"90 - 121\"},\"PeriodicalIF\":1.2000,\"publicationDate\":\"2023-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Legal Theory\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/S1352325223000071\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Legal Theory","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/S1352325223000071","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Abstract There are reasons to believe that conventional obligations are impossible. Thus, it could be argued that for me to have an obligation to Φ in virtue of the fact that a convention so requires, it must be the case that I have a convention-independent obligation to do something else such that, given the existence of the convention, Φing is a way of doing just that. But, then, my obligation to Φ would not really be conventional at all. On closer inspection, so-called conventional obligations turn out to be no more than a specification of what our nonconventional obligations require given the circumstances. In this paper, I shall argue that contra to what this argument suggests, there can be genuinely conventional obligations. To do so, I develop a second-personal account of conventional obligations, according to which obligations are grounded by conventions in virtue of an explanation that does not follow the indicated pattern.