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The Ambitions of Contract as Promise Thirty Years On ... - UCL

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<strong>Ambitions</strong> <strong>of</strong> <strong>Contract</strong> As <strong>Promise</strong> 24 August 2012 discussion draft: do not quote or reproduce without permission<br />

one—which <strong>of</strong> the two is the better theory. <strong>The</strong> incompleteness <strong>of</strong> the promise<br />

principle does not reveal a weakness in Kantian theory, nor does it prove that<br />

utilitarianism’s own comprehensive claims are somehow stronger. <strong>The</strong>se<br />

moments <strong>of</strong> incompleteness, these occ<strong>as</strong>ions where we must go beyond the<br />

promise principle, show only that promise is not a general moral, legal and<br />

political theory. It does not purport to be. Of course if utilitarianism really is<br />

the better general theory, then its account <strong>of</strong> the subsidiary issue <strong>of</strong> a legal<br />

institution like contract is bound to be better and deeper too. But that question<br />

remains open.<br />

46

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