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Record W2259327368

Contract: Not Promise

2007· article· en· W2259327368 on OpenAlexaff
Michael G. Pratt

Bibliographic record

VenueFlorida State University law review · 2007
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsQueen's University
Fundersnot available
KeywordsOrder (exchange)Speech actMoralityLaw and economicsLawThe VenerableSeverabilityEpistemologyEconomicsPolitical scienceExclusion clausePhilosophyContract managementLinguisticsPrivity of contract
DOInot available

Abstract

fetched live from OpenAlex

In order to form a contract at least one of the parties to the bargain must give an undertaking or commitment of the appropriate kind to the other; that is, she must perform a commissive speech act of the right kind. It is widely assumed that the speech act in question is a promise. Indeed it is standard textbook fare that a contract is a promise (or an exchange of promises) that the law will enforce. This assumption underlies the venerable tradition in contract theory of arguing that the morality of promise-keeping bears or ought to bear importantly on the content of the law of contract. In this paper I argue that this assumption is false. By way of a critical examination of Seana Shiffrin's impressive recent contribution to this theoretical tradition, I argue that the commissive speech act by means of which a contract is formed is not the same speech act as that by means of which we voluntarily undertake moral obligations to others.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Other · Consensus signal: none
Teacher disagreement score0.997
Threshold uncertainty score0.867

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0010.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0000.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.028
GPT teacher head0.295
Teacher spread0.268 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one teacher head, not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreOther

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2007
Admission routes1
Has abstractyes

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