Readings: Readings will consist of articles available at Blackboard (BB) as well as Kant, Grounding for the Metaphysics of Morals (2nd ed., Hackett, 087220166X); Charles Fried, Contract as Promise (Harvard UP). Some material will be online. Court cases and law review articles are available online at westlaw (preferred) or lexis-nexis via the FAU library database. To access these databases off-campus you must create a proxy.

Requirements: Grades will be based on: participation (10%), regular quizzes or 1-2 page typed critical analyses of readings (30%); and two papers each of 7-8 pages (30% each). Each unexcused absence beyond 1 will result in a 1/3 letter grade reduction for participation (e.g. with 3 unexcused absences, A in participation becomes B+).

Honor Code: Students agree to adhere to the honor code, the text of which is at http://www.fau.edu/divdept/honcol/academics_honor_code.htm.  You are encouraged to discuss the course material with each other, however all assignments must be entirely your own work: you are not permitted to copy or borrow from the reading notes, drafts, or outlines of other students.  If you have any doubts about what constitutes plagiarism or a violation of the honor code, consult with me beforehand.

Goals: Students will think and write critically about the basis of our ethical obligations and be able to apply ethical frameworks to particular cases. This course satisfies the Honors College core requirement in Culture, Ideas and Values, and serves as an elective course for Philosophy, Political Science, and Law and Society concentrators and students minoring in Ethics.

I. Introduction: Obligations and Obedience; Ethical Frameworks
1/7: Discussion of William Godwin's position: "I have promised to bestow a sum of money upon some good and respectable purpose. In the interval between the promise and my fulfilling it, a greater and nobler purpose offers itself, and calls with an imperious voice for my cooperation. Which ought I to prefer? That which best deserves my preference. A promise can make no alteration in the case" (Godwin, An Enquiry Concerning Political Justice, bk. 3, ch. 3, online)
For those interested: Montesquieu on the Troglodytes, from Persian Letters (11-14), online.

1/9: Bowen McCoy, Parable of the Sadhu, Harvard Business Review, May-June 1997 (BB)

1/14: U.S. v. Calley, 22 U.S.C.M.A. 534 (1973), available online at lexis-nexis: read opinion of Quinn and dissent of Darden; Hannah Arendt, "Personal Responsibility under Dictatorship," The Listener, August 6, 1964 (BB); Stanley Milgram, "Obedience and Disobedience to Authority"(BB)

1/16: Classical Utilitarianism
Rdg: Bentham, Introduction to the Principles of Morals and Legislation: chapters 1-2, 4-5, 10 (Pars. 10-11, 16-22, 29, 33-35), 11 (BB).

1/21: Deontological theory
Rdg: Kant, Groundwork for the Metaphysics of Morals

II. Moral Obligation:  John Locke believed the obligation to keep promises existed in a state of nature. "The promises and bargains for truck, &c. between [t]wo men in the desert island ...; or between a Swiss and an Indian, in the woods of America, are binding to them, though they are perfectly in a state of nature in reference to one another: for truth and keeping of faith belongs to men, as men, and not as members of society" (Locke, Second Treatise, ch. 2, Par. 14, online). Differences in language might prevent the Swiss and the Indian from actually using the word "promise" or its equivalent to create an obligation. But Locke's point is that a promissory obligation could arise between them even though they do not share a social practice of promising, or the word "promise." The obligation is natural, not conventional. We begin with Hume, who disagrees with Locke.
1/23: David Hume, A Treatise on Human Nature, Book III, part II, section 5: 'Of the obligation of promises'(BB), and online

1/28: John Rawls, 'Two Concepts of Rules', The Philosophical Review, 64:3-32 (Jan., 1955), online at jstor.

1/30: John Searle, 'How to derive ought from is', Philosophical Review 73:43-58 (January 1964), online at jstor.

2/4: Neil MacCormick, 'Voluntary Obligations and Normative Powers I', Proceedings of the Aristotelian Society, vol. 46 supplement, pp. 59-78 (1972)(BB)

2/6: Korn and Korn, 'Where People Don't Promise', Ethics 93:445-50 (1983),online at jstor ; Richard Fox and Joseph DeMarco, "The Immorality of Promising," Journal of Value Inquiry 27:81-84 (1993)(BB)

2/11: Thomas Scanlon, 'Promises and Practices', Philosophy and Public Affairs 19:199-226 (Summer 1990), online at jstor.

2/13: Scanlon, continued.

Further reading on promises for those interested:
Ardal, Pall, "And That's a Promise," Philosophical Quarterly 18:225-237 (July 1968), online at jstor.
Brandt, R.B., "The concepts of obligation and duty," Mind 73:374-93 (1964), online at jstor.
Downie, R.S., "Three Accounts of Promising," Philosophical Quarterly 35:259-71 (July 1985), online at jstor.
Grant, C.K., "Promises," Mind 58:359-66 (July 1949), online at jstor.
McNeilly, F.S., "Promises De-Moralized," Philosophical Review 81:63-81 (1972), online at jstor.
Melden, A.I., "On Promising," Mind 65:49-66 (June 1956), online at jstor.
Peetz, Vera, "Promises and Threats," Mind 86:578-81 (1977), online at jstor.
Smith, Holly,  “A Paradox of Promising,” Philosophical Review 106:153-196 (April 1997), online at jstor.
Tunick, Mark,  Practices and Principles (1998), chapter 3 (BB)

III. Contracts and Legal Obligation: The state only legally recognizes and enforces certain promises. Which? Which should it enforce? Is it appropriate for the state to use the law to enforce moral obligations?
2/18: Burnham, Legal System of the U.S., pp. 382-98 (BB); Mills v. Wyman, 3 Pick. 207 (1826); Webb v McGowin, 168 So. 196 (1936)

2/20: Contracts cases
Britton v Turner, 6 N.H. 481 (1834)
Jacob and Youngs, Inc. v. Kent, 230 N.Y. 239 (1921)
Garcia v von Micsky, 602 F.2d 51 (1979)
Bradley v Somers, 322 S.E. 2d 665 (1984)
For those interested: Wildley v Springs, 840 F. Supp. 1259 (1994) (breach of promise to marry suit)

2/25: Charles Fried, Contract as Promise, pp. 1-56 and notes; McDevitt v Stokes, 192 S.W. 681 (1917)

2/27: Fried, Contract as Promise, pp. 57-91, 92-132, and notes; Obde v Schlemeyer, 353 P. 2d 672 (1960)

3/4, 3/6: No classes due to spring break

Further Reading on contracts for those interested:
Atiyah, P.S., Review of Fried, Contract as Promise, 95 Harvard Law Review 509 (1981); The Rise and Fall of Freedom of Contract (1979), and Promises, Morals, and Law (1981)
Eisenberg, Melvin, "Donative Promises," 47 U.Chicago L.R.1 (1979)
Fried, Charles, Review of Atiyah, The Rise and Fall of Freedom of Contract, 93 Harvard Law Review 1858(1980)
Friedman, Lawrence, Contract Law in America (1965)
Grotius, Hugo, Rights of War and Peace, chs. 11 and 12.
Hart, H.L.A., "Legal and Moral Obligation" in A.I. Melden, ed., Essays in Moral Philosophy (1958)
Horwitz, Mortin, Transformation of American Law (1977), ch. 6.
Kronman, Anthony, "Contract Law and Distributive Justice," 89 Yale Law Journal 472 (1980)
Kull, Andrew, "Reconsidering Gratuitous Promises," 21 J.Legal Studies 39 (January 1992)
Macaulay, Stuart, "An Empirical View of Contract," 1985 Wisconsin Law Review (1985)
Posner, Richard, Economic Analysis of Law, chs. 3 and 4.
Tunick, Mark, Practices and Principles, chapter 4.

IV. Political Obligation: Our concern here is with the obligation citizens and resident aliens have to obey the laws of the state to which they belong or in which they reside. How does this obligation arise? Who is obligated and to what extent? Do I have an obligation to obey a law I regard as unjust? Do I have an obligation to fight in wars I oppose? Does a prisoner of war have an obligation to escape? Why do people in fact obey the law?
3/11: Is disobedience ever justified?
Rdg: Henry Thoreau, "On Civil Disobedience" (1848), online; John Rawls, A Theory of Justice, secs 55-59 (BB)
PAPER ONE DUE

3/13: Consent theory
Rdg:  H. Beran, 'In defense of the consent theory of political obligation',  Ethics 87:260-71 (1977), online at jstor

3/18: Gratitude theory
Rdg: A.D.M. Walker, 'Political Obligation and the Argument from Gratitude', Philosophy and Public Affairs 17:191-211 (Summer 1988); George Klosko, 'Political Obligation and Gratitude', Philosophy and Public Affairs 18:352-58 (Fall 1989); and A.D.M. Walker, 'Obligations of Gratitude and Political Obligation', Philosophy and Public Affairs 18:359-64 (Fall 1989), online at jstor.

3/20: Fairness theory
Rdg: George Klosko, 'Presumptive Benefit, Fairness, and Political Obligation', Philosophy and Public Affairs 16:241-59 (Summer 1987), online at jstor.

3/25: Natural Duty theory
Rdg: Jeremy Waldron, 'Special ties and Natural Duties', Philosophy and Public Affairs 22:3-30 (Winter 1993), online at jstor.

3/27: Political identity and the ties that bind
Rdg: Tunick, 'Hegel on Political Identity and the Ties that Bind'(BB)

4/1: The obligation to obey law
Rdg: Mark Tunick, 'The Moral Obligation to Obey Law', Journal of Social Philosophy 33:464-83 (Fall 2002), online.

4/3: Why do people obey the law, empirically?
Rdg: Tom Tyler et.al., "Maintaining Allegiance toward Political Authorities: The Role of Prior Attitudes and the Use of Fair Procedures," American Journal of Political Science 33:629-62 (August 1989): read 629-34, 643-47:online at jstor.

Further Reading on political obligations for those interested:
Bedau, Hugo, ed. Civil Disobedience: Theory and Practice (1969); 'On Civil Disobedience,' Journal of Philosophy 58:653-65 (Oct. 12, 1961), online at jstor.
Flathman, Richard, Political Obligation;
Klosko, G., The Principle of Fairness and Political Obligation (1992);
Pateman, Carole, The Problem of Political Obligation (1979, 1985)
H. Pitkin, 'Obligation and Consent I', American Political Science Review 59:990-99 (December 1965) and 'Obligation and Consent II', American Political Science Review 60:39-52 (March 1966), online at jstor.
Plato, Apology, Crito
Simmons, A.J., Moral Principles and Political Obligation (1979); "Associative Political Obligations," Ethics 106 (2):247-73 (Jan. 1996), online at jstor.
Tunick, Mark, 'The Scope of Our Natural Duties' , Journal of Social Philosophy 29: 87-96 (Fall 1998), online.
Tussman, Joseph, Obligation and the Body Politic (1958)
Woozley, A.D., Law and Obedience (1979)

V. Obligations to others

4/8: Familial obligations
Rdg: Jane English, "What do Grown Children Owe their Parents?"(BB); Lawrence Ganong and Marilyn Coleman, "Attitudes Regarding Filial Responsibilities to Help Elderly Divorced Parents and Stepparents," Journal of Aging Studies 12(3):271-90 (1998); Ganong and Coleman, "Obligations to Stepparents Acquired in Later Life," Journal of Gerontology 61B(2):S80-88 (2006)(BB)
For those interested: Ganong, Coleman et.al. "Attitudes Regarding Obligations to Assist Older Parent or Stepparent Following Later-Life Remarriage," Journal of Marriage and Family 60(3):595-610 (1998)

4/10: Duties to one's own children vs duties to strangers
Rdg: James Rachels, "Morality, Parents, and Children"(BB)
For those interested: Martha Nussbaum, "Duties of Justice, Duties of Material Aid: Cicero's Problematic Legacy," Journal of Political Philosophy 8(2):176-206 (2000)(BB)

4/15: Duty to rescue
Rdg: A. D. Woozley, "A Duty to Rescue: Some Thoughts on Criminal Liability," Virginia Law Review 69 (7):1273-1300 (Oct. 1983), online at jstor; State v. LaPlante, 521 N.W. 2d 448 (1994)
For those interested: A.M. Rosenthal, Thirty-Eight Witnesses: The Kitty Genovese Case, available electronically through the FAU library.

4/17: Duty to rescue (continued)
Rdg: Nora Zamichow, "The Fractured Life of Jeremy" (on Jeremy Strohmeyer and David Cash), L.A. Times, July 19, 1998, available online

4/22 Obligations to future generations
Rdg: D’Amato, Anthony, Edith Brown Weiss and Lothar Gundling, 'Agora: What obligation does our generation owe to the next? An approach to global environmental responsibility', American Journal of International Law, 84:190-212 (January 1990)
Recommended: Lukas Meyer, "Intergenerational Justice," Stanford Encyclopedia of Philosophy (2008), online.

PAPER TWO DUE

Further Reading on obligations to future generations for those interested:
Kavka, 'The Paradox of Future Individuals', Philosophy and Public Affairs 11:93-112 (1982), online at jstor.
Derek Parfit, "Future Generations: Further Problems," Philosophy and Public Affairs 11:113-172 (1982), online at jstor.
Neil Buchanan, "What do we Owe Future Generations?", George Washington Law Review 77:1237-97 (2009), online.
Partridge, Ernest, ed., Responsibilities to Future Generations (1981)
Sikora and Barry, ed. Obligations to Future Generations (1978)

Additional notes:
Policy on Accommodations: In compliance with the Americans with Disabilities Act (ADA), students who require reasonable accommodations due to a disability to properly execute coursework must register with the Office for Students with Disabilities (OSD) -- SR 110 (561-799-8010) – and follow all OSD procedures.

Academic Integrity Policy:Students at Florida Atlantic University are expected to maintain the highest ethical standards. Academic dishonesty is considered a serious breach of these ethical standards, because it interferes with the university mission to provide a high quality education in which no student enjoys an unfair advantage over any other. Academic dishonesty is also destructive of the university community, which is grounded in a system of mutual trust and places high value on personal integrity and individual responsibility. Harsh penalties are associated with academic dishonesty. For more information, see University Regulation 4.001 and http://www.fau.edu/divdept/honcol/students/honorcode.html

Classroom Etiquette Policy: In order to enhance and maintain a productive atmosphere for education, personal communication devices, such as cellular telephones and pagers, are to be disabled in class sessions.
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Mark Tunick
Honors College, FAU
updated 11/30/11