Further, we include under the idea of binding engagements not merely
verbal promises, but also what are called ‘implied contracts’ or
‘tacit understandings.’ But this latter term is a difficult one to
keep precise: and, in fact, is often used to include not only the case
where _A_ has in some way positively implied a pledge to _B_, but also
the case where _B_ has certain expectations of which _A_ is aware.
Here, however, the obligation is not so clear: for it would hardly be
said that a man is bound to dispel all erroneous expectations that he
may know to be formed respecting his conduct, at the risk of being
required to fulfil them. Still, if the expectation was such as most
persons would form under the circumstances, there seems to be some sort
of moral obligation to fulfil it, if it does not conflict with other
duties, though the obligation seems less definite and stringent than
that arising out of contract. Indeed I think we may say that Justice is
generally, though somewhat vaguely, held to prescribe the fulfilment
of all such expectations (of services, etc.) as arise naturally and
normally out of the relations, voluntary or involuntary, in which we
stand towards other human beings. But the discussions in the preceding
chapter have shown the difficulty of defining even those duties of this
kind which, in an indefinite form, seemed certain and indisputable:
while others are only defined by customs which to reflection appear
arbitrary. And though while these customs persist, the expectations
springing from them are in a certain sense natural, so that a just man
seems to be under a kind of obligation to fulfil them, this obligation
cannot be regarded as clear or complete, for two reasons that were
given in the last chapter; first, because customs are continually
varying, and as long as any one is in a state of variation, growing or
decaying, the validity of the customary claim is obviously doubtful;
and secondly, because it does not seem right that an irrational and
inexpedient custom should last for ever, and yet it can only be
abolished by being “more honoured in the breach than in the observance.”
Public-domain text, read in full here on John Shaqi.
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