46 Harv.L.Rev. 553, 571-574,
580-583 (1933).
Why should promises be
enforced?
·
One
theory says that all promises are sacred and should be enforced to enforce
morality. Cohen asserts that this is
inadequate and impossible in practice.
·
Others
claim that it is necessary to enforce all promises in order to maintain a
rational society. Cohen claims that this
is not realistic to the real world. He
implies that not all promises are kept in the real world, and yet we still have
rational society, therefore, it is not necessary that 100% of promises be kept.
·
Some
say all business promises should be enforced, but Cohen says this is too
inflexible, and not even necessarily desirable to everyone who does business.
·
Most
people favor enforcing promises with an element of quid pro quo, where
there is a promise offered in exchange for a promise or some other good. Cohen suggests that this requirement of
exchange reflects a need for formality in making binding promises. He claims that customs and ceremonies that
represent agreement create a standard that we feel bound to follow.