Promises Schmomises

In this piece, I argue that promises need not be kept just because they were made. This is not to say, however, that unwise, unhappy, and unfortunate promises do not generate obligations. When broken promises will result either in wrongful gains to promisors or wrongful losses to promisees, obligations of corrective justice will demand that such promises be kept if their breach cannot be fully repaired. Thus, when a broken promise will constitute a deliberate loss transfer for personal gain, the duty not to exact unjust enrichment (a wrongful gain) will require a promisor either to honor her promise or craft a means of ensuring that the promisee’s impoverishment is not traded for her enrichment. And when a broken promise will constitute the culpable imposition of a reliance-based injury on a nonculpable promisee (a wrongful loss), the duty to make others whole when one has purposefully, knowingly, or recklessly injured them will require one either to keep one’s promise or to fashion a remedy for its breach that ensures that the promisee is left no worse off than he would be had the promise not been made. This account explicitly parts ways with normative powers theories of promising. It places no weight at all on the raw fact that a promise has been made. Instead, it locates the gravamen of a promissory violation in the harm that is caused to a promisee who nonculpably relies upon and changes her position in anticipation of the prediction about the promisor’s future conduct that is embedded in his promise. Absent any adverse reliance on the part of a promisee, there is nothing that gives rise to an obligation of performance or repair on the part of the promisor. But this account is also to be distinguished from utilitarian theories that take promises to be instruments of wealth maximization that properly give way whenever the reason for honoring them speaks in favor of violating them. On my account, the balance of reasons for action that determines the morality of performance includes deontological rights and duties, agent-relative permissions, and Hohfeldian liberties. As I shall argue, even if one rightly concludes that one has no duty either to keep a promise or to craft a remedy for its breach, one must nevertheless remember that virtue requires one to be or become the kind of person who often goes beyond the call of duty. But the fact that virtue often requires us to do what we have no duty to do should not cause us to confuse its conditions with the conditions of right and wrong action. We have a duty to keep promises or to otherwise protect the reliance interests that they generate only when failing to do so will lead either to our own unjust enrichment or to others’ unjust injury. And this means that we have a duty to keep promises in far fewer circumstances than is commonly believed.     

Involved-Vigilant Parenting and Socio-Emotional Well-being Among Black Youth: The Moderating Influence of Natural Mentoring Relationships

Positive relationships with parents and nonparental adults have the potential to bolster Black adolescents’ socio-emotional well-being. Though each type of intergenerational relationship has been linked to more positive youth outcomes, few studies have examined the interactive influences of parenting and natural mentoring relationships on the socio-emotional development of Black youth. In the current study, we examined associations between involved-vigilant parenting and the psychological well-being and social skills of Black early adolescents (n = 259; 58 % female; mean age = 13.56, SD = .96) across types of natural mentoring relationships. Using K-means cluster analysis, we identified two types of mentoring relationships (less connected and more connected) based on relationship length, involvement, closeness, and frequency of contact. Youth with more connected mentoring relationships (n = 123) had higher psychological well-being and social skills than youth with no mentor (n = 64) or less connected mentors (n = 72). Youth without a natural mentor and youth with less connected mentors did not differ in their levels of social skills or psychological well-being. Structural equation modeling was conducted to determine if associations between involved-vigilant parenting and youths’ psychological well-being and social skills varied among youth with a more connected mentoring relationship in comparison to youth without a mentor or with a less connected mentor, controlling for participants’ gender, age, school, and parental education. The positive associations between involved-vigilant parenting and adolescents’ psychological well-being and social skills were weaker among adolescents with a more connected mentoring relationship in comparison to their peers without or with a less connected mentoring relationship. These results suggest that youth may be more strongly influenced by involved-vigilant parenting in the absence of a strongly connected natural mentoring relationship.     

Is childhood physical abuse associated with peptic ulcer disease? Findings from a population-based study

This study investigated childhood physical abuse and ulcers in a regionally representative community sample. Age, race and sex were controlled for in addition to five clusters of potentially confounding factors: adverse childhood conditions, adult socioeconomic status, current health behaviors, current stress and marital status, and history of mood/anxiety disorders. Childhood physical abuse is associated with many negative physical and psychological adult health outcomes. Two recent studies demonstrate a potential link between childhood physical abuse and peptic ulcer disease in adulthood. The authors use regional data for the Canadian provinces of Manitoba and Saskatchewan from the 2005 Canadian Community Health Survey. Of the 13,069 respondents with complete data on abuse and ulcers, 7.3% (n = 1,020) report that they had been physically abused as a child by someone close to them and 3.0% (n = 493) report that they had been diagnosed with peptic ulcers by a health professional. The regional response rate is approximately 84%. Findings show that those reporting abuse had more than twice the prevalence of ulcers than did those not reporting abuse (6.6% vs. 2.7%). The fully adjusted odd ratio of peptic ulcers among those who had reported childhood physical abuse is 1.68 (95% CI = 1.22, 2.32). A significant and stable relationship between childhood physical abuse and peptic ulcers is found, even when taking into account five clusters of potentially confounding factors. Prospective studies that apply the biopsychosocial model are likely to be the most effective for identifying the pathways that connect childhood physical abuse and ulcer disease.     

Why Liberals Should Hate ``Hate Crime Legislation'

Law and Philosophy -     

Liberty in Law

Law and Philosophy -     

African American Adolescents’ Academic Persistence: A Strengths-Based Approach

African American adolescents are faced with the challenge to be successful academically, even though they may experience racial discrimination within school settings. Unfortunately, relatively little scholarship explores how African American adolescents draw on personal and cultural assets to persist and thrive in the face of discriminatory experiences. Additionally, little research has explored the buffering role of assets (e.g., racial pride, self-efficacy, and self-acceptance) on the relationship between school-based racial discriminatory experiences and the academic persistence of African American adolescents. Participants in the current study included 220 (58 % girls) socioeconomically diverse African American adolescents. Latent class analysis was utilized to identify clusters based on participants’ racial pride, self-efficacy, and self-acceptance. Three cluster groups were identified. The majority of the students belonged to the average group in which adolescents reported average levels of the three study assets. Adolescents in the higher group reported higher assets relative to their peers in the study and those in the lower group reported lower strength-based assets relative to their peers. Results indicated that school-based racial discrimination was associated with lower levels of academic persistence. Additionally, adolescents in the higher assets group reported higher academic persistence in comparison to the average and low group. Our model reflected a promotive but not protective influence of adolescents’ assets on their academic persistence.     

Punishing the Awkward, the Stupid, the Weak, and the Selfish: The Culpability of Negligence

Negligence is a problematic basis for being morally blamed and punished for having caused some harm, because in such cases there is no choice to cause or allow—or risk causing or allowing—such harm to occur. The standard theories as to why inadvertent risk creation can be blameworthy despite the lack of culpable choice are that in such cases there is blame for: (1) an unexercised capacity to have adverted to the risk; (2) a defect in character explaining why one did not advert to the risk; (3) culpably acquiring or failing to rid oneself of these defects of character at some earlier time; (4) flawed use of those practical reasoning capacities that make one the person one is; or (5) chosen violation of per se rules about known precautions. Although each of these five theories can justify blame in some cases of negligence, none can justify blame in all cases intuitively thought to be cases of negligence, nor can any of these five theories show why inadvertent creation of an unreasonable risk, pure and simple, can be blameworthy.