The Natural Logic of Rights and Obligations, Ray Jackendoff in Language, Logic, And Concepts

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Language, Logic, and Concepts.Ray S. Jackendoff, Paul Bloom and Karen Wynn, editors.© 2002 The MIT Press.

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Chapter 4~

The Natural Logic of Rights Ray Jackendoff

and Obligations

4 . 1 Introduction

The focus of John Macnamara ' s work over three decades was an in - depth

inquiry into the fundamental structure of human knowledge . Though less

publicly spectacular than Chomsky ' s results on the nature of syntactic

knowledge , John ' s research went beyond linguistic expression to delve

into the character of meaning , thought , and reason themselves . Like

Chomsky , John was asking what it is possible for a child to learn on the

basis of the input in the environment - and what parts of the child ' s

knowledge cannot be learned , but must serve as the basis for learning .

Some of his results were absolutely startling , at least in the context of the

sort of empiricist philosophy of meaning that prevailed at the beginning

of his career and that has enjoyed a strong resurgence in these con -

nectionist times . For those of us of a more rationalist cast , his way of

chewing over issues of epistemology has been a continual inspiration .

Anyone acquainted with John sensed that he was a man of deep moral

convictions . Occasionally the nature of these convictions became for him

a topic of study as well , for instance in his paper " The Development of

Moral Reasoning and the Foundations of Geometry ." Here he argued

that a sense of morality has to be as much a part of our inborn character

I am grateful to my late father Nathaniel J ackendoff , my brother Sparky

J ackendoff , Larry Solan , Carlos Otero , Storrs McCall , Al Bregman , Paul Bloom ,

Jay Conison , Gordon Bower , and members of the audience at the 1996 Piaget

Centennial in Geneva for discussion and comments on this material . I \\,Tas given

the honor of presenting this work as the first John Macnamara Memorial Lecture

at McGill in April 1997 , and I benefited a great deal from the discussion there as

well . This research was supported in part by National Science Foundation grant

92 - 13849 to Brandeis University .

68 Jackendoff

as our understanding of physical space- that moral ideals come to us asnaturally as geometric ideals. The present chapter is an exercise in the

same spirit, if not so ambitious, investigating a pair of notions closelyrelated to moral reasoning : rights and obligations . I will be concerned

especially with what might be called " social/ legal/contractual " rights and

obligations . Parts of the analysis will apply as well to " moral obliga -tions ," " moral justifications ," and " human rights " ; other parts will not .Some of the differences will be mentioned in section 4 .6 .

Rights and obligations are fundamental to the fabric of human social

organization . For example , ownership of an object confers on the owner

(or consists of ) rights to use the object and rights to prevent others '

using it (Miller and Johnson-Laird 1976, following Snare 1972). Givingsomeone a promise places one under obligation to fulfill the promise .Conferring on someone a social status (e.g., an official title , a professional

degree, or membership in an organization ) grants this person certain rightsand places him or her under certain obligations . Any sort of contract -

including not only financial / legal contracts but also marriage in manysocieties- places the participants under obligation to perform certain

acts. Inasmuch as the main issues addressed by a society 's legal system(written or unwritten ) include the privileges of ownership , the making andenforcing of contracts , and the rights and duties of officials and of citi -

zens, it is clear that rights and obligations playa central role in under -standing concepts of law .

The notions of rights and obligations appear to be universal in human

societies. A great deal of anthropological description is devoted to how

societies differ in what rights and obligations pertain to their members ,

how such rights and obligations are obtained and lost , and how they aretaken to be grounded in religion or government . But such descriptionsinvariably take the notions of right and obligation themselves for granted ,not subject to discussion. 1 Yet , as I will show, these notions are remark -

ably complex and subtle. Thus , these concepts raise interesting questionsabout learning and the evolution of cognition - just the sort of questionswith which John Macnamara was so deeply concerned . I will turn to thesequestions briefly at the end.

I will be investigating rights and obligations in the context of a theoryof linguistic meaning - of the contextually integrated interpretations ofutterances- that in my view forms the bridge between linguistic semanticsand a larger psychological theory of how humans understand the world .

This theory investigates conceptual structure , a form of mental represen-

tation over which principles of inference (including invited inference andheuristics) can be defined and in terms of which planning of actions takesplace. Conceptual structure is mapped into the strictly linguistic levelsof syntactic and phonological structure by sets of correspondence rules(Jackendoff 1990).

This approach to meaning contrasts with many standard philosophicalapproaches in the Frege- Tarski tradition , in that I do not take conceptualstructure to map directly into the real world; rather, it maps into theworld as human beings understand it , quite a different notion (Jackendoff1983). I am trying to study human concepts, not "ultimate reality."However, conceptual structure is still connected to and constrained by theexternal world, but indirectly, via the complex mappings between sensa-tion and cognition that are established by the perceptual systems of thebrain. Here I think I am basically in agreement with John Macnamara'sapproach, though we did disagree deeply, in some way I still fail to un-derstand, about how a theory of concepts should relate to the " real realworld ."

Like any theory of meaning, the theory of conceptual structure shouldbe supported by linguistic (including crosslinguistic) evidence and by itsability to formally support reasoning. However, because it is supposed tobe embedded in a larger psychological theory, it should also interact withevidence from perception, child development, and potentially neuro-science. And since conceptual structure is meant to be to a degree inde-pendent of the language capacity per se, we should in principle be able totest the theory against evidence from the cognition of animals, especiallyprimates, both in the laboratory and in natural settings.

The domain of concepts investigated most intensively by myself andmany others (see, e.g., Talmy 1983; Herskovits 1986; Vandeloise 1986;Bloom et at. 1996) is spatial cognition, the position and movement ofphysical objects and substances in space, the forces they exert on eachother, and the temporal structure of the states and events that result. Thisdomain is especially fruitful because there is a vast range of lexical itemsexpressing spatial concepts and because these correspond to a rich andprecise set of perceptually based intuitions. This line of research is nowwell established within linguistic semantics. In addition, it has long beenrecognized that language expressing spatial concepts is mirrored to aconsiderable extent by language expressing concepts in other domains(Gruber 1965; Jackendoff 1976; Lakoff and Johnson 1980; among many

69Logic of Rights and Obligations

70 Jackendoff

others). So understanding the organization of spatial concepts helps set afoundation for investigating other domains.

The domain in which the study of rights and obligations is situated isthat of social cognition. Evidence from animal societies, especially pri -mates (e.g., Cheney and Seyfarth 1990), suggests that a substantial com-ponent of our conception of the world is devoted to the understanding ofthe social context in which individuals find themselves (Jackendoff 1992,chap. 4; Searle 1995). The fundamental unit of this domain is not thephysical object but the person, a seat of intention and volition . People(and to some degree animals) have representations in both this domainand the physical; trees, rocks, streets, and buses are represented onlyphysically.2 Within this framework, I will be asking how people concep-tualize situations in which someone can be said to have a right or an ob-ligation. It makes little sense to ask what rights and obligations really are,outside of people's understanding of their social context. In other words, Iam interested in a theory of the " folk theory" of social relations. Like thetheory of the conceptualization of objects, space, and force in the physicaldomain, this forms part of the theory of human conceptualization- butone far less directly tied to perception.

In the course of my exposition, I will make use of the formal frame-work of conceptual semantics developed in my previous work (e.g.,Jackendoff 1983, 1990). Any alternative notation that makes similar dis-tinctions is adequate for my purposes. However, it is important that thenotation be construed as encoding regularities in the mind, not somegeneral set-theoretic construct (involving, say, possible worlds) as in mostvarieties of formal semantics.

4.2 The Argument Structure of Rights and Obligations

An important aspect of my approach to conceptual structure is that thegrammatical structure of the language used to express concepts can helpreveal the organization of the concepts themselves. So let us start bylooking at some of the ways that rights and obligations can be expressed.We see immediately that they form a closely related pair.

About the simplest way to express a right in English is with the modalverb may; an obligation can be expressed with the modal verb must.

(1) a. One may use one's possessions as one likes. (Right)b. One must pay sales tax in Pennsylvania. (Obligation)


One immedia te im pulse for formalizing these meanings might be to

take the modals to express operators (notated as RT and DB) over a

proposition , as in (2). This is essentially the formalization found in vonWright 's (1963) foundational work on deontic logic .

(2) a. Sue may (i .e., has a right to) leave when she wants to .=: R T (Sue leaves when she wants to)

b . Sue must (i .e., has an obligation to) leave before noon .

=: OB (Sue leaves before noon )

Such a treatment , however , misses the basic point that a right or an obli -

gation is a relation between a person and his or her action . The readingsof may and must that do express propositional operators for possibilityand necessity lend themselves to paraphrases like (3a), whose syntacticstructure reflects the semantic structure rather well . Such paraphrases are

impossible with rights and obligations (3b) .

(3) a. It is possible/necessary that Sue will leave.

b *It. "h / bl" . {that Sue (will) leave} 3. IS a fIg t 0 IgatIon .t:" S 1 "lor ue to eave

Rather, as recognized by some more recent writers on deontic logic suchas Forrester (1996), the proper treatment recognizes two separate argu-ments of these operators: the holder of the right/obligation and the situa-tion with respect to which this person is entitled or obligated. The firstargument of these operators must be a person. Rocks, clouds, and com-puters do not have rights and obligations. Animals are sometimes assertedto have rights, by construing them as semipersons; they never have obli-gations.4 In modern capitalist legal thought, corporations are construedas susceptible to rights and obligations and therefore can enter into con-tracts; the language used to effect this construal is that corporations countas "legal persons."

In English, the second argument of these operators must syntacticallybe a verb phrase (VP) whose understood subject is the holder of the obli-gation or right. Thus, the arguments in (4a) are acceptable but those in(4b) are not.

4 8 h { a right } { to attend the party}( ) a. ue as an obligation to talk to Harold .

b *8 h { a right } c { the sky to be blue}. ue as bl. . lor B.II I .an 0 19atlon 1 to eave

72 Jackendoff

This VP is subject to semantic constraints. Both right and obligationrequire the situation to be nonpast with respect to the time of the obliga-tion: the VP may be present, future, or generic time.

right now

(5) S h { a right } 1 tomorrowue as . . to eave .an oblIgatIon whenever she gets annoyed*yesterday5

The VP of an obligation must express an action that the holder of theobligation can carry out volitionally (6).

leavescra tch her nose

(6) Sue has an obligation to *be tall .*be descended from royalty*be paid for her work

The VP of a right can express either an action carried out by its under-stood subject (7a,b) or a situation in which its understood subject receivesa benefit (7e).

a. leaveb. scratch her nose

(7) Sue has a right to c. *be descended from royalty.d. *be talle. be paid for her work

(8) illustrates the difference between right and obligation in this respect.The verb receive does not denote a voluntary action on the part of therecipient, but the verb accept does. Only the latter is possible as an argu-ment of obligation.(8) a. Sue has a right to accept/receive pay for her work.

b. Sue has an obligation to accept/*receive pay for her work.I will call the kind of right illustrated in (7 e) a "passive" right, that in(7a,b) an "active" right; obligations can only be active.

For convenience, I will call the person having the right or obligationthe Actor, and the situation to which the right or obligation pertains theAction, with the understanding that this includes as a special case passiverights, which do not involve an Action in the standard sense. Given thismuch, we can formalize rights and obligations as in (9), where RTand DBare one-place operators applying to the Action. As shown in (10), we then


say the Actor " has" the right or obligation (the use of HA VE will be

further justified shortly ).6

(9) a. RT (ACT (1'1)) == 'the right to do Action 'b. OB (ACT (1'1)) == ' the obligation to do Action '

(10) a. HAVE (Xa , R T (ACT (a))) == 'X has a right to do Action 'b. HAVE (Xa , OB (ACT (a))) == 'X has an obligation to do

Action '

In these formulas , the Action is notated as a function of one variable , its

Actor (it may have further variables , irrelevant in the present context ) . In

(10), this Actor position is bound to the holder of the right or obligation

by the bound variable Ct, where the superscript (X on X indicates that Xbinds the variable in the argument position of ACT .

The fact that righ "ts and obligations have an Action rather than a prop -osition as their argument places them in the general domain of deontic

logic , which deals with such notions as permissions and prohibitions andwith the logic of may , must, should, and ought, and which contains moralreasoning as a particular subcase (von Wright 1963).

However , passive rights do not fall altogether comfortably into thestandard deontic domain , since their arguments are not volitional actions .

It is interesting therefore that the modal may cannot be used comfortably

to express passive rights : Sue may be paid for her work does not para -

phrase (7e). (Deserve to VP, which has a related meaning , has constraintson its VP argument similar to those of right .)

A further constraint on the Action argument is deeply rooted in the

notions of right and obligation . Essentially , a right normally concernssomething one wants to do, whereas an obligation normally concernssomething one does not want to do .

(11) a. Sue has a right /??an obligation to eat her ice-cream sundae.b. Sue has an obligation /??a right to scrub the toilets .

The interpretations marked ?? are sensible just in case we assume Suedoesn't like the ice-cream sundae and does like scrubbing toilets . (There

are exceptions , however , in which one has a right to do something odiousor an obligation to do something pleasurable .)

I will state this intuition in teffi1s of the value of the Action to the

Actor - positive for a right , negative for an obligation . I will notate it as afunction V AL VE that maps two arguments , a Stimulus and an Experi -

encer , into a Value .

74 Jackendoff

( 12 ) VALUE ( Y , X ) = = + / -

' the value of Y ( Stimulus ) to X ( Experiencer ) is positive / negative '

The opposition between positive and negative value here is a primitive

affective distinction that may also be paraphrased by ' in vs . not in X ' s

interest ' . ( This seems to bear a relation to Freud ' s notion of Pleasure

vs . Unpleasure ( Lust vs . Un / ust ) . ) Using this notion , we can state the

constraint on rights and obligations as ( 13 ) . The principles are stipulated

to be defeasible ( ' defeatable ' ) to allow for cases in which other pragmatic

factors intervene to create exceptions .

( 13 ) a . HAVE ( XCi , RT ( ACT ( a ) ) ) defeasiblypresupposes

VALUE ( ACT ( X ) , X ) = = +

b . HAVE ( XCi , OB ( ACT ( a ) ) ) dejeasiblypresupposes

VALUE ( ACT ( X ) , X ) = = -

There are cases , such as the right / obligation to vote , that one may con -

strue with either value . In the right to vote , we take voting as a desirable

action ; in the obligation to vote , as somewhat burdensome . This confirms

the intuitions expressed by ( 13 ) . Similar effects can be discerned with the

choice between right and obligation in ( 4a ) and ( 5 ) .

In addition , rights and obligations have their own values : a right is

generally a good thing to have , an obligation a bad thing to have . We can

state this as ( 14 ) .

( 14 ) a . VALUE ( [ HAVE ( XIX , RT ( ACT ( a ) ) ) ] , X ) = = +

b . VALUE ( [ HAVE ( XIX , OB ( ACT ( a ) ) ) ] , X ) = = -

There is an indirect connection between ( 13 ) and ( 14 ) , to which I will

return in section 4 . 8 .

4 . 3 What One Can Do with Rights and Obligations

Next let us explore the range of things one can do with rights and obli -

gations beyond having them .

First , one can perform the action to which the right or obligation per -

tains . We speak of so doing as exercising the right or fulfilling the obliga -

tion . Notice that the collocations for right and obligation involve different

verbs for what ( at this level of description at least ) appear to be parallel

actions . We will see that such differences pervade the whole range of verbs

used with rights and obligations .

Second, a right or obligation can be created. Sometimes the creator ofan obligation is the Actor him- or herself. For example, promising is(in part) creating and declaring an obligation upon oneself to perform thepromised action. We speak in this case of undertaking the obligation. Bycontrast, though one can declare or claim one's own rights, one cannotthereby create them without the assent of other relevant parties. A per-son's rights and obligations can also be created by an outside party,whom I will call the Authority . We speak of the Authority 's giving,granting, or conferring rights on the Actor , and of imposing obligations.(I return to the status of the Authority in section 4.9.)

For a slightly more complex case where rights and obligations arecreated, consider X 's making an offer to Y to do such and such. This canbe construed as X 's conferring the right on Y to demand (i .e., impose anobligation on) X to do such and such- an embedding of an obligationwithin a right.

Third , a right or obligation can go out of existence. In certain cases,performing the Action has this effect. For instance, handing the usherone's ticket confers on one the right to attend a performance, after whichpoint the right ceases to exist. Similarly, when a debt is paid, the obliga-tion to pay it ceases to exist. (Not all rights and obligations have thisproperty; see section 4.5.)

An Actor can also cause a right to go out of existence by renouncing it .The counterpart for an obligation would be for the Actor to reject orpossibly renounce it . However, renunciation of an obligation does notautomatically make it go out of existence, even if the obligation is self-imposed: we do not think well of someone who revokes promises.

Under certain conditions, an Authority who has imposed an obligationon an Actor can release the Actor from the obligation, or remove the ob-

ligation from the Actor , in which case the Actor is free of it . In the case ofrights granted by an Authority , we speak of the Authority 's revoking ortaking away these rights- in which case the Actor loses them.

Fourth, one can transfer rights from one person to another, the firstparty relinquishing them and the second acquiring them. The parallel casemight be one person's taking on someone else's obligations.

Fifth , in a situation of conflict between the Actor and the Authority ,the Actor may insist on a right, which the Authority is supposed toacknowledge or recognize. Alternatively , the Actor may try to get out ofan obligation, and the Authority may try to hold him or her to it .

These situations are summarized in table 4.1.


76 Jackendoff

Creating

by Actor # declare , claim undertake

by Authority give, grant imposeVoiding

by Actor renounce # reject

by Authority revoke , take away release, remove(effect on Actor ) lose be free of

Transfer transfer take on

Conflict

Actor insist on get out of

Authority acknowledge hold to

The use of give, transfer , and take away alongside have suggests thata right might be conceptualized along the lines of a possession, that is, asan independent entity that one may have, give, or take away . On thisanalysis, the verb have in have a right , notated as HA VE in (10), is essen-

tially the ordinary have of alienable possession.? This leads to analyses asin (15). (INCH is inchoative , or 'coming to pass' .)

(15) a. CAUSE (Y , [INCH HAVE (XCl, (RT (ACT (cx))))])== 'Y gives X the right to do Action '

b . CAUSE (Y , [INCH NOT HAVE (XCl, (RT (ACT (cx))))])== 'Y takes away the right to do Action from X '

The language associated with obligations in table 4.1 has more incon -

sistent and opaque associations . Undertake , impose , remove , and take on

seem to image the obligation as a burden to be borne , as does the phrase

under ( the weight of ) obligation (s) . On the other hand , release, get out of,

and possibly hold to suggest the obligation is imaged as a constrainingforce . In particular , the notion of an obligation as a constraint relates it to

force -dynamic expressions (Talmy 1988): it is a social force that affects

one's course of action . The expression fulfilling an obligation , through itsassociation withfill , might suggest an image of the obligation as a container .The almost synonymous phrase meeting an obligation carries overtones of

Table 4.1What one can do with rights and obligations (# indicates 'not necessarilyfelicitous')

Right ObligationPerfofllling Action exercise fulfill


yet another image, one whose character is difficult to pinpoint . In the faceof all these distinct associations, none of them coincident with those for

rights, I will adopt a foffi1alization for obligation exactly like (15), onlysubstituting 0 B for RT.

4.4 The Ontological Status of Rights and Obligations

Consider more closely the " images" associated with rights and obliga-tions. A theorist in the vein of Lakoff and Johnson (1980) would claim

that rights and obligations are understood "metaphorically" and thatthey derive their conceptual properties from another domain, called the" source domain." According to Lakoff and Johnson's methodology, theevidence for identifying the source domain comes precisely from the col-locations in which the words in question appear. In this particular case,we would be inclined to claim that rights and obligations are understoodmetaphorically in terms of different source domains- rights as posses-sions, obligations as burdens or constraints. Yet, as we have already seento some extent, and as I will continue to document, rights and obligationsare near-twin concepts, with altogether parallel logic. So there is some-thing a bit suspicious about the metaphor view.

An alternative view is that rights and obligations have their OM'n logic.This logic is shared superficially with possessions and burdens, but it isclose enough to draw an associative connection. In choosing verbs toexpress what one can do with rights, the language is swayed toward verbsof possession because rights, like possessions, generally are of positivevalue; verbs relating to obligations are swayed toward verbs of physicalburden and constraint because obligations, like burdens and constraints,generally are of negative value. On this view, one does not understandrights and obligations metaphorically in terms of possessions and burdensfconstraints. Rather, because of what one understands about rights andobligations, one chooses verbal collocations in a motivated fashion. Whileacknowledging the insights that Lakoff and Johnson seek to express, thisview turns the notion of metaphorical understanding on its head: it isbecause rights and obligations are understood as they are that the meta-phorical connection is possible- not the other way about. (For moredetailed discussion of Lakoff and Johnson's approach, see Murphy 1996;Jackendoff 1992, chap. 3; Jackendoff and Aaron 1991.)

Looking a little more deeply, what sort of conceptual entities mightrights and obligations be? In the formalization in (9), (10), and (15), the

right is an independent entity, which someone may have, may be given, ormay have taken away, and toward which someone may express attitudessuch as insistence or acknowledgment. A more or less standard philo-sophical approach to rights and obligations, observing that they involveclausal complements, might suggest that they are propositional attitudes,like beliefs and desires. However, we have seen that their arguments arenot propositions, but Actions (except for passive rights). More impor-tantly, rights and obligations are emphatically not attitudes. Beliefs anddesires are conceptualized as being " in an individual 's mind" ; having abelief or desire is being in a subjective mental state. By contrast, rightsand obligations are abstract entities, and having a right or obligation isbeing in a certain objective social situation. To see this contrast more

clearly, notice that Bill 's belief/desire is in his mind is a sort of tautology,but Bill 's right/obligation is in his mind attributes to Bill some kind of

delusion about his social relations. In fact, understanding someone's rightsand obligations requires no understanding of that person's mind. Hererights and obligations differ sharply from the more standardly studiedspecies of deontic concept, moral/ethical understanding, which dependsheavily on empathy, that is, one's understanding of others' minds andothers' values (Goldman 1993; Hoffman 1987).

Beyond this observation I have little to offer about what sort of abstract

objects these are. They are perhaps a bit like facts- objectively deter-minable persistent entities- a bit like responsibilities and opportunities,a little less like credit and blame (both mass terms). More unexpectedparallels, pointed out by Searle (1995), are to the value of money and topoints in a game, which are again abstract but objective entities within asocial context. But since the ontology of such abstract objects in all theirvariety has not been explored (to my knowledge), for the moment thema tter has to be left hanging.

Section 4.3 spoke of rights and obligations that go out of existence byvirtue of exercising or fulfilling them. To repeat, handing the usher aticket gives one the right to attend the perfoffi1ance- once; one has theright no longer. Paying a debt erases one's obligation to pay it ; returninga borrowed item erases one's obligation to return it . On the other hand,not all rights and obligations are like this. Showing the usher one's year-

78 Jackendoff

4.5 "Existentially"Obligations

versus "Universally Quantified" Rights and


long pass to the theater gives one the right to enter the theater , but oneretains the right for future occasions. Similarly , one's obligation to obey a

police officer does not go out of existence when one obeys an officer once:this obligation persists.

We must distinguish , then, between rights and obligations that pertain

to exactly one action and those that pertain to all actions of a given type .The former are exercised or fulfilled by an appropriate action 's taking

place, at which point they go out of existence. We could think of theseas " existential ," in the sense that if there comes to exist an Action that

satisfies the argument of the right or obligation , the right or obligationceases to exist . The latter , by contrast , are " universal " : they pertain to

every Action of the appropriate type . (Von Wright calls these varieties

particular and general , respectively ; the legal tradition uses the terms inpersonam and in rem, respectively .)

This distinction could be encoded by a subscript on the operators RT

and DB : for example , RTEx and OBEx versus RTun and OBun. Inference

rule (16) then pertains only to the " existential " variety .

(16) HAVE (XCi, RTEx/ OBEx (ACT (a))) at time t1, andACT (X ) at time t2, where t2 > t1,

entails

NOT HAVE (XCi, RTEx/ OBEx (ACT (a))) at time t3, where t3 > t2

It is important to our story that this inference rule involves a succession oftimes- that is, the principles of rights and obligations require a dynamic

logic . (This temporal dependency is not present in the formalism of vonWright and his successors, even if they acknowledge it informally .)

It is worth observing that various other concepts have this curious

property . For instance, an intention to perform an action is fulfilled - andthereby goes out of existence- when the action is performed . Paralleleffects obtain with bodily sensations such as hunger , thirst , and someitches. So this odd metaphysical property of rights and obligations is

actually more broadly attested among our concepts.The situation is actually still more complex . One has the right to vote in

every election ; that is, exercising the right does not eliminate it . On theother hand , one has the right to vote only once in each election ; havingvoted eliminates the right till the next election . So this right has a mixed

flavor , partly " universal " and partly " existential ." This suggests that thesimple subscripts Ex and Un are not subtle enough to capture the range ofpossibilities ; there is more internal structure to be teased out .

80 Jackendoff

4.6 Consequences of Noncompliance

So far , I have not done much to distinguish social/ legal /contractual rights

and obligations from other kinds of deontic operators expressed bymodals such as may, should, ought to, and must- in particular , from" moral obligations " and " human rights ," which turn out to be a bit

different in character . Now I turn to what gives social/ legal/contrac -tual rights and obligations their distinctive flavor : the consequences ofnoncompliance .

What happens if one fails to fulfill an obligation ? Very simply , one runsthe risk of getting in trouble . Suppose I have undertaken an obligation -say, by promising to wash the dishes. Making a promise involves another

individual to whom one has made the promise , who typically will benefit

from having the promise fulfilled . Let us call this individual the Benefi-ciary of the obligation .

N ow suppose I do not wash the dishes within a reasonable amount of

time . (What counts as a reasonable amount of time is a delicate matter .)Then the Beneficiary has the (Existential ) right to impose some sort of

punishment on me. The Beneficiary does not necessarily exercise thisright , but we clearly understand that this right exists.

What does it mean to impose punishment ? Roughly , if Z punishes X , Z

performs some action with negative value to X , in return for some previ -ous action on the part of X with negative value to Z . (Reward is the same,except with positive values.)

This is enough information to enable us to state a preliminary versionof the inference rule for nonfulfillment of obligations . First , we must add

to the predicate DB an argument position for the Beneficiary , as in (17).(This character is not recognized , even implicitly , in the work on deonticlogic with which I am familiar .)

(17) OB (ACT (a), TO Z ) = ' the obligation to Z to do Action '

We may further add that the Beneficiary normally benefits from theActi on .

(18) OB (ACT (lX), TO Z ) (defeasibly) entails V ALOE (ACT (a), Z ) == +

The inference rule for noncompliance now comes out as (19); again it isstated dynamically .


HAVE (XCi, OB (ACTI (C(), TO Z )) at tl andNOT ACTI (X ) in period from tl to t2

entails

(19)

ACT2 ( P )

HAVE ZP , RTEx ; ~a ( V ALUE ( a , X ) = = - ) at t2

EXCH ( NOT ACTl ( X ) )

In the bottom line of (19), ACT 2 is the action that Z has the right to carryout; the lambda- expression says that this action has a negative valuefor X ; the EXCH operator says that this action is in exchange for X 'snonperformance.

Rule (19) says nothing about the appropriate time interval to wait forcompliance. More important , (19) says nothing about what kind of retal-iatory act is appropriate- only that it should be something that the Actorwon't like. Many such actions, especially for culturally loaded obliga-tions, are prescribed in a culture's stock of customs and oral or writtenlaw.8 In particular, there are large classes of obligations, including suchthings as debts, for which the appropriate action in the face of non-compliance is to call in the authorities to determine the appropriate pun-ishment. In turn, social norms may dictate that the authorities have anobligation to the Beneficiary to mete out the appropriate punishment-one of the foundations of legal theory (Stone 1968). I return to the notionof " the authorities" in section 4.9.

In addition to (19), the nonfulfillment of an obligation has a broaderconsequence. Roughly speaking, ever}'one- not just the Beneficiary- isjustified in criticizing the Actor (or thinking less of the Actor ) for failingto fulfill the obligation. The threat of such criticism seems to me to con-stitute the moral dimension of an obligation. Here I would be reluctant touse the term has a right to describe what everyone may do to the Actor ;something like is mol'ally justified seems more appropriate. I will notattempt to formalize this inference, in part because an appropriately gen-eral form is beyond the scope of this chapter.

These two inferences, the one social/contractual, the other moral, seemboth-to be involved in social/contractual obligations such as promises anddebts. The kinds of things we might call " moral obligations," such as theobligation to preserve the environment, seem to me to invoke only thelatter inference rule.9 It is interesting how the two rules are somewhatparallel in structure, but not entirely. In particular, only the Beneficiaryhas a right of retribution, whereas everyone is morally justified in sanc-tioning the offender.

82 Jackendoff

Turning to rights , we find a related situation . Suppose I have given

the usher my ticket . This gives me a right to enter the theater to see the

performance . Now suppose someone tries to prevent me from going in ,

saying , " You have no right to go in ! " I am thereby entitled to take action

against this person : my right has been violated . Notice , by contrast , if I

have tried to go in without presenting a ticket , I ' m not entitled to express

disapproval , since it ' s the rights of the theater ( as corporate body ) , not

mine , that are being violated .

This scenario leads us to the counterpart of rule ( 19 ) for rights . If I

have a right , I may choose or not choose to exercise it . But if I attempt

to exercise it , and some other party tries to prevent me , I then have the

( Existential ) right to exact punishment on that person . ( 20 ) formalizes this

intuition .

( 20 ) HAVE ( Xa , RT ( ACTI ( a ) ) ) at tl and

CAUSE ( Z , NOT ACTI , ( X ) ) at t1.. - -

entails

ACT 2 ( P )

HAVE XP , RTEx Aa ( V ALUE ( a , Z ) ) == -

EXCH ( CAUSE ( Z , NOT ACT1 ( X ) ) ) at t1

at t2 > t1

Again , there are many cultural customs and norms concerning what kind

of retaliatory Action2 is appropriate to what kind of Action ! , and under

what sort of relationship between X ( the Actor ) and Z ( the Right -

Violator ) . In particular , just as in the case of unfulfilled obligations ,

X ' s right in many cases will consist of a right to go to the authorities

to demand retaliation . For instance , if the usher doesn ' t let me into the

theater despite my having presented my ticket , the appropriate action ,

after due remonstration , is to go to the manager , and if that doesn ' t work ,

to the police .

As in the case of obligations ; there is also a moral dimension to violation

ofa right : everyone is morally justified in criticizing ( or thinking less of ) the

person who violates someone ' s rights . Again , only the Actor has the right

of retribution , but everyone is morally justified in criticizing the offender .

Rules ( 19 ) and ( 20 ) , though nearly symmetrical , have one important

difference . In the case of obligati 'ons , there is a specific Beneficiary of the

obligation . As seen in ( 19 ) , this is the individual who acquires the right of

retaliation if the obligation is not met . In the case of rights , there seems to

be no such specifically identified individual . Anybody who tries to prevent

one from exercising a right is a potential target for justified retaliation .


This difference , however , conceals a deeper similarity : the individual

entitled to retaliation is always the one for whom the potential Action is of

positive value . In the case of a right , the Actor is the potential Beneficiary

and therefore receives the right of retaliation for interference with receiv -

ing the benefit . In the case of an obligation , the Action is of negative value

to the Actor ; the reason the Action is to be performed is to benefit some -

one else . It is that someone else , then , who receives the right of retaliation .

Notice too that this parallelism extends to the moral dimension . Every -

one is morally justified in criticizing the person who exacts the cost from

the intended Beneficiary : the Actor in the case of an obligation , the person

who interferes with the Actor in the case of a right .

My sense is that inference rules ( 19 ) and ( 20 ) are the central principles

that make rights and obligations what they are . By contrast , a moral /

ethical principle takes the form " One should / should not do such and

such " ; that is , it is similar relation of an individual to an action . But

it does not carry inferences concerning rights of retaliation . Rather , it

carries only what I have called the moral dimension , the fact that every -

one is morally justified in criticizing the Actor for noncompliance . It is

the need to regulate modes of retaliation in response to violations of

social / contractual obligations and rights that leads to the development of

legal and judicial systems in a society . So these inference rules lie at the

foundation of social / cultural cognition . ! 0

4 . 7 Reciprocal Rights and Obligations

To amplify the symmetries we have been observing : It is often felt that

there is a sort of reciprocity between particular rights and obligations . In

particular , the Beneficiary of an obligation is felt to have a " passive right "

to receive the benefit . This sense can be stated as inference rule ( 21 ) .

( 21 ) HAVE ( XCi , [OB ( ACT ( a ) , TO Z ) ] )

entails

HAVE ( Z , [RT ( ACT ( X ) ) ] )

The bottom line of ( 21 ) is a passive right because Z is not the Actor of the

Action . However , by entailment ( 18 ) , X ' s action is beneficial to Z , so this

Event satisfies the conditions for the argument of a passive right , as illus -

trated in ( 7e ) and ( 8a ) .

Now let us apply inference rules ( 19 ) and ( 20 ) to both lines of ( 21 ) .

When we apply ( 19 ) to the first line , the inference is that Z is entitled to

84 Jackendoff

retaliation if X does not perform the Action . When we apply ( 20 ) to the

bottom line , the inference is that Z is entitled to retaliation toward anyone

who prevents Z from receiving the benefit of X ' s acting - in particular ,

toward X if X does not perform the Action . So the two lines lead to

related inferences just in case X does not comply .

A right imposes a similar sort of reciprocal obligation : the obligation

falls on everyone not to infringe on someone ' s rights . 11 In particular , the

individual who grants the right is particularly bound to respect it . The

general rule can be stated as ( 22 ) . ( In the interest of uncluttered typogra -

phy , I use the notation EVERYONE instead of a standard universal

quantifier with bound variable . )

( 22 ) HAVE ( XIX , RT ( ACT ( a ) ) )

entails

HAVE ( EVERYONEP ,

[ OB ( NOT CAUSE ( P , NOT ACT ( X ) ) ) , TO X ] )

Notice that the obligation in ( 22 ) is not to perform an action - a sort of

counterpart of a passive right . Again , the outcome of someone ' s infring -

ing on a right , as entailed by rule ( 20 ) , is the same as the outcome of

someone ' s failing to meet the obligation not to prevent exercise of a right ,

entailed by rule ( 22 ) . So perhaps ( 22 ) is logically unnecessary . Neverthe -

less , something like it is often stated explicitly ( e . g . , in Stone 1968 ) , so I

include it for completeness .

4 . 8 Equality of Value Implied by EX CH

Next let us consider more closely the notion of exchange , symbolized by

EXCH in ( 19 ) and ( 20 ) . This notion not only appears in the entailments

of rights and obligations , but is also expressed explicitly by means of a

certain use of the preposition for in English .

( 23 ) a . Susan praised her son Sam for behaving nicely .

b . Fred cooked Lois dinner for fixing his computer .

( 24 ) a . Susan insulted Sam for behaving badly .

b . Lois slashed Fred ' s tires for insulting her sister .

These sentences describe situations in which someone does something

" in return " for someone else ' s action . Those in ( 23 ) describe actions with

positive values ; those in ( 24 ) describe actions with negative values . Ex -

changes can felicitously take place only with another person , an entity


that can be regarded as having values and responsibility . One cannot

sanely punish one's car for getting a flat tire .If we switch around the actions in (23) and (24), we get sentences that

sound odd or perhaps ironic .

(25) a. Susan insulted Sam for behaving nicely .b. Lois slashed Fred 's tires for fixing her computer .

This shows that we expect a positively valued action in return for a posi-

tively valued action , and a negatively valued action in return for a nega-

tively valued one.So far I have spoken of values as only positive or negative . But ex-

change situations show that values are conceived of as roughly quantita -tive . We find it odd if the two actions related by for do not match in

quantity . The sentences in (26) convey some of this oddness.

(26) a. Fred cooked Lois dinner for saying hello to him .b . Fred cooked Lois dinner for rescuing all his relatives from certain

death .

c. Fred slashed Lois 's tires for eating too little at dinner .d . Fred slashed Lois 's tires for murdering his entire family .

In (26a) and (26c), we sense Fred as overreacting , as doing somethingunwarranted in return for Lois 's action ; in (26b) and (26d), we sense him

as underreacting , as doing something that is not nearly enough to recog-

nize the importance of Lois 's action .The intuition , then , is that an exchange situation presupposes rough

equivalence of value between the two actions . For a first approximation ,then , we could state a principle for the value of exchanges along the lines

of (27). (The presupposition is defeasible in order to allow for exceptions- for example , merely thanking someone publicly for performing someheroic act .)

[ACT2(Z) ](27) EXCH [ACT1(X)]defeasibly presupposes

VALUE (ACT2 (Z ), X ) == VALUE (ACT } (X ), Z )

In practical situations , the equation is not this simple : each participant 's

judgment of the value of his or her own and the other 's actions , both tohimself or herself and to the other , may differ . In particular , there seems

to be a general cognitive bias toward overestimating costs to oneself andbenefits to others , and toward underestimating benefits to oneself and

Jackendoff86

costs to others . Thus , it often requires negotiation to achieve a " fair " ex-

change, where both participants judge the exchanged acts to be of equiv -alent value to themselves and to the other . Here is an important pointwhere " folk theory of mind " and Cosmides ' (1989) " cheater detection "enter : one is more inclined to compromise if one believes the other 'sassertions of value are made in good faith .

The logic of exchange laid out here is a cognitive elaboration of a be-

havioral strategy well documented in the ethological literature , recipro -

cal altruism : " You scratch my back and I ' ll scratch yours ." I leave open

how much of its detail can be attributed to nonhuman primates (not to

mention elephants and bats). What strikes me as particularly human ,though , is the broad generality of the actions available to be entered intoexchange equations .

Turning back to rights and obligations more specifically , we see in (27)a more or less formal statement of " The punishment fits the crime " : this

helps guide what actions are appropriate in retaliation for breaking obli -gations and violating rights in (19) and (20). (27) implies that the offend -

ing party should receive retribution : the cost of the retaliatory action to

offenders should equal the cost of their offense to the injured party - that

is, the two parties should end up equally badly off . An alternative to (27)is that the injured party should receive restitution : the benefit of the re-

taliatory action to the injured should equal the cost of the injury , what -ever its cost to the offender - that is , the offended party should end up aswell off as before .

(28) Retribution : VALUE (ACT2 (Z ), X ) == VALUE (ACTI (X ), Z )Restitution : VALUE (ACT 2 (Z ), Z ) == - VALUE (ACT 1 (X ), Z )

We know that the two are not equivalent . For one extreme case, " N oth -

ing you can do to the murderer will bring my son back " ; that is, restitu -tion is impossible , though retribution might be. (The distinction between

these two in conceptual development is noted by Piaget (1932); he claimsthe notion of restitution is established later than that of retribution .)

Combining (27) with (19) and (20) gives us an inferential link between

(13) and (14), that is, between the value of rights and obligations and the

value of the actions to which they pertain . Consider first obligation . Since

the action to which one is obligated has a cost, and not performing the

action risks a cost (just in case the Beneficiary exercises the right ofretaliation ), then having an obligation is basically a lose-lose situation -

that is, obligation itself is of negative value . Conversely , since the act to

Logic of Rights and Obligations 87

which one has a right is of positive value , and being prevented from

exercising the right grants one a right of restitution , then having a rightis a win -win situation , that is, a benefit . So some of the pieces of the logic

of rights and obligations begin to hang together .

4.9 Authority

Consider who can impose an obligation on yoU.12 As pointed out in sec-

tion 4.3, the simplest case is a self-imposed obligation such as a promise .

Other things being equal , you are free to make whatever promises youwish . But no one else can impose an obligation on you unless particularconditions obtain . For example , if a random person says to you , " I here-

by oblige you to wash my feet," you are justifiably offended and baffled .The felicity conditions for such a speech act are not met , just as if a ran -

dom person were to declare to you , " I hereby name you Fuzzy -Wuzzy ."One felicitous condition under which an obligation can be imposed by

someone else is if you have granted the other person the right to impose it ,

either by making an offer or by making an agreement or contract . You

are perfectly free to grant such a right .However , there is another situation in which someone can impose

obligations on you : when that person has authority over you through

position in the social hierarchy .13 A society presents many authorityrelationships - for instance , parent to child , boss to worker , sergeant to

private . The authority relationship entails the Authority 's right to imposeobligations on the subordinate . If , for a first approximation , we encodethe authority relationship as (29), then (30) expresses the Authority 's rightto created obligations for subordinates .

(29) HAVE (Z , AUTHORITY (X ))== 'Z has authority over X '

(30) HAVE (Z , AUTHORITY (X ))entails

HAVE (ZIX, RT (CAUSE (a, INCH HAVE (Xp ,

(OB (ACT (P), a))))))

The language used to express what one can do with authority is virtu -

ally identical to that for rights listed in table 4.1. We speak of the exerciseof rights and of authority ; a higher authority can give or grant rights orauthority - or revoke them or take them away. One can renounce rights orauthority that one currently holds; or one can through malfeasance lose

88 Jackendoff

rights or authority . One can insist on one's own rights or authority ; onecan acknowledge someone else's. On the other hand , there is more com-

plexity in authority , since one can resist another 's authority , but thephrase resisting anotherJs right makes little sense.

Like all obligations , those imposed by an Authority must have a

Beneficiary . (30) encodes the typical case in which the Beneficiary is theAuthority him - or herself (this is notated by the (X in the second argumentposiion of OB , bound to Z ) . Thus , in case of noncompliance the Author -

ity also has the right of punishment . Other Beneficiaries are possible- for

instance, when a judge obliges a divorced parent to pay child support tothe ex-spouse. In such a case, the ex-spouse's right of retaliation in case of

noncompliance is typically deteffilined by the judge as well . That is, ifan Authority imposes an obligation on an Actor , with a third individual

as Beneficiary , the Authority retains the right to punish the Actor for

noncompliance , with or without appeal from the Beneficiary . So the logicbecomes still more complex ; I will not attempt to foffilalize it here.

Even with these added complexities , the account in (30) is still missingan important caveat, in that it is necessary to recognize limitations ofauthority . For instance, in our society , we believe that your boss does not

have the right to oblige you to take your clothes off . A more adequateformalization relativizes authority to a particular class of actions , as in(31) .

(31) HAVE (Z , AUTHORITY (Xp , ACTa (P)))

= 'Z has authority over X with respect to actions of type a '

The appropriately revised form of (30) is (32) (where I also add theAuthority 's right to confer rights ) .

(32) HAVE (Z , AUTHORITY (Xp , ACTa (P)))entails

HAVE (ZCX, RT (CAUSE (a, INCH HAVE (Xp ,(RT / OB (ACTa (P), a))))))

(32) leaves about the right loopholes for social negotiation (and conflict ) :Over exactly what actions can a given Authority impose obligations ? And

how are those decided? These are issues with which every society mustgrapple .

How does one obtain authority ? One way is to be granted it by ahigher Authority , who is then said to be delegating authority . But thisleaves open who grants authority at the top of the pyramid . This problem

I have surely left many subtleties still untouched- and some major pointsas well, such as how to reason about conflicting rights and obligations,and how to characterize rights as legitimate or illegitimate.14 Neverthe-less, I will now step back a bit .

I have shown that notions of right and obligation are richly inter-connected by inferences to each other and to the notion of the value of anaction to an individual . The central inference rules (19) and (20) dependon the notion of linking two actions as exchanges of value, and throughthat on notions of fairness or justice. The notion of authority dependsheavily on the notion of rights. In short, many of the conceptual founda-tions of social organization either depend on an understanding of rightsand obligations, or else are developed in justification of the assertion ofparticular rights and obligations.

Like the sorts of concepts with which John Macnamara was so deeplyconcerned, the concepts of right and obligation are, it seems, quite abstract,not linked to perception of the physical world except very indirectly. Infact, the analysis here suggests that their content may lie entirely in theinferences that can be drawn from them. They are, as it were, part of anelaborate social accounting system for keeping track of the implicationsof an individual 's actions with respect to others, a system rooted ulti -mately in the notion of value.

In order for an individual to function in a society, then, it is essentialfor him or her to intuitively grasp the concepts of right and obligation.Indeed, most of the discussion here has consisted of pointing out intui -tions that all of us share. So the question arises of how people acquirethese concepts. As Macnamara puts it (1991), how does one gain entry to


of the " apex norm" (Stone 1968, following Hans Kelsen) lies at the rootof a society's conception of itself. Three possible solutions,: despotism,where the ultimate authority simply asserts authority without recourseand maintains it through the exercise of power; supernatural authoritysuch as the " divine right of kings," in which the top-ranked person is saidto be granted authority by a deity whose rights in turn require no justifi -cation; and representative government, in which authority is taken toarise from the " consent of the governed." In addition, all societies recog-nize the " natural" authority of parents over children, which seems to needno justification . Perhaps there are other possibilities.

4.10 Where Does It Come From?

a system of interrelated terms and ideas, if they cannot be defined in termsof some other system?

There is no question that people must learn the particular network ofrights and obligations inculcated (or presupposed) by their society: whohas an obligation to whom, who has a right to impose obligations andgrant rights over what actions, what retaliation is appropriate for failureto meet what obligation, and so forth . This must by all means be a majorpart of cultural learning. But, returning to a point made at the outset, it isless clear that people must learn that there are such things as rights andobligations. As far as I know, every culture shares these concepts. Theyseem to be building blocks as fundamental to understanding the socialworld as force is to understanding the physical world . (This point is alsomade by Forrester (1996).)

Moreover, the inferential patterns of rights and obligations haveno analogue in the physical (or sensorimotor) domain, such that therecould be a progression in learning along the lines of Piaget, or a learningthrough metaphor along the lines of Lakoff and his colleagues. The latterpossibility was rejected in section 4.4, even before approaching the com-plexities of retaliation and exchange, for which a physicalistic metaphoris still more far-fetched. (In fact, if anything, the tendency often goesthe other way: people attempt to understand the physical world byanthropomorphizing it into a metaphorically social world full of wills anddesires. )

It seems to me, therefore, that an important question for research intosocial cognition is how the child learns the concepts of right and obliga-tion- or whether they are learned at all. The latter possibility, not to bediscounted, is that these concepts are largely if not entirely innate, a spe-cialized "way of thinking" wired into the brain by the human genome.Such a hypothesis would certainly account for the cultural universality ofthese concepts: they would form a preestablished species-wide skeleton ofsocial understnding over which each particular culture builds its ownflesh. Under this hypothesis, the child learning a culture would then cometo the task predisposed to interpret the social world in terms of rights andobligations, among other things. If there is an identifiable developmentalstage where such concepts become available, relatively uniform acrosscultures, this might well be interpreted as evidence of biological matura-tion of the brain. If so, the argument would be parallel to the argumentsfor the biologically based language capacity that makes language acqui-sition possible (Chomsky 1965; Lenneberg 1967).

90 Jackendoff

I am not aware of any research that bears directly on the acquisition ofthese precise concepts. However, suggestive evidence appears in theexperimental work of Piaget (1932), who discusses the development fromages 6 to 11 of the child's understanding of related deontic concepts suchas the rules of games and of moral concepts such as prohibition and fair-ness, as well as their relation to authority . In particular, rules of gameshave some of the same " objective" ontological status as obligations, soshould provide suggestive evidence.

Looking earlier in child development, work by Cummins (1996, toappear) and Harris and Nunez (to appear) investigates children's under-standing of the deontic concepts of prohibition , permission, and reci-procal exchange at the ages of 3 and 4. These authors find a degree ofunderstanding of these concepts more sophisticated than one might haveexpected from Piaget's research- in fact, an understanding more reliablethan with equally complex propositional statements. For instance, Cum-mins compares 3- and 4-year-olds' understanding of a prohibition such as"All squeaky mice have to stay in the house" with that of a declarativestatement such as " All the squeaky mice are in the house." The children'sunderstanding is tested by asking them which (toy) mice they have tocheck in order to determine whether the order has been carried out or thestatement is true. The question is phrased in such a way that the verysame mice must be checked under both conditions. Cummins finds thatthe children are much more reliable with the prohibition than with thestatement. (Notice also that this is not exclusively ego-centered deonticunderstanding, as might be acquired through a child's experience withparents' orders: the task involves checking whether other individuals haveobeyed someone else's order.) Cummins concludes that this aspect ofdeontic understanding is in place early on in development. This is not atest of the entire logic of rights and obligations, but at least an importantpart.

If the logic of rights and obligations were part of the human endow-ment, it would have likely emerged from some evolutionary antecedent.So some precursors might be expected in the social behavior of primates.In section 4.8 I have already alluded to reciprocal altruism and aggressionas a precursor of exchange. More pointedly, Hauser et al. (1995) describea behavior in rhesus macaques that appears to present a precursor of obli-gation. It seems that when an individual finds a food source on his own,there is a special call he utters to signal to the troop that food has beenfound. If the individual does not utter the call, of course, he will benefit


from a greater quantity of food for himself, so there is a payoff in notuttering the call. However, if other members of the troop discover the in-dividual eating and the call has not been uttered, then they beat him up-even if he is the most dominant individual in the troop. It is striking,however, that nonmembers of the troop will not be beaten up under par-allel conditions. One is highly tempted to interpret this scenario as anunderstanding on the part of the monkeys that one is " obligated" to themembers of one's own troop to signal the finding of food. In particular,what makes this suite of behaviors look like obligation is that the right ofpunishment, expressed here as inference rule (19), seems to be an essentialcomponent. Although it is important not to overinterpret ethological ob-servations, the detail of current work like that of Hauser and his col-leagues bids us not to underinterpret either. I would not go so far as tocall this behavior illustrative of an understanding of obligation in the fullhuman sense, but it certainly appears to be on the way. If so, it againprovides indirect evidence that the notion of obligation has a biologicalbasis.

Three directions suggest themselves for investigating the issue further.First, crosslinguistic and crosscultural work on the language and under-standing of rights and obligations would add a great deal to the analysis.Second, I have barely scratched the surface of the formal detail of rightsand obligations, their dynamic functioning in social reasoning, and theirrelationships with other social concepts (including dominance hierarchiesand moral and ethical thought). To figure out exactly what the child hasto learn- and what the child can learn- it is crucial to pull these conceptsapart further into their components and to see what external evidencecould lead to the acquisi~ion of such components. A third direction is touse formal analysis of this sort to help guide further research in anthro-pology, primatology, and especially child development on this topic thatis so vital to our social existence. It is my hope that researchers betterversed than I in these disciplines will be stimulated by the present chapterto undertake the challenge.

92 Jackendoff

Notes

1. To be politically correct, one might justifiably ask whether taking these notionsfor granted is a cultural bias on the part of anthropologists, and whether othercultures might indeed have quite different notions underlying their social organi-zation. I don't think so: the apparent success of anthropological description- thefact that one can make sense of cultures while taking these notions for granted-suggests that there is little danger of conceptual chauvinism on this particularpoint of analysis. I might be wrong, of course; but I suggest that proving me


wrong requires more than a blanket invocation of cultural relativism . See Brown1991 for discussion .

2. Although , of course, the conceptualized functions of streets and buses mustinvolve the actions and goals of persons.

3. I follow the notational convention of linguistics in marking unacceptable sen-tences with a * .

4. Though I gather that during the medieval period there were such things astrials of pigs for killing children , pushing pigs toward a more responsible status.

5. Sue had a ,~ight /obligation to leave yesterday is of course acceptable . In this case,the time for which the right / obligation is asserted is yesterday or earlier - not five

minutes ago , for instance .

6. For readers unacquainted with this style of formalization , the point is to have acanonical and precise way of expressing claims about meaning , which permits usto state rigorous principles by which meanings may be composed and by whichthey may be used to draw inferences . The notation used here can be thought of asan enriched form of predicate logic . For those uncomfortable with the formalism ,I will take care to explain the formulas in ordinary English as well .

In (10) and succeeding examples I use the predicate HA VE to express posses-sion, following Pinker 1989. An alternative in line with the practice of Jackendoff1983 would be (i); I leave it to the interested reader to work out the differences inthe rules throughout the chapter .

(i) BEposs ([RT /OB (ACT (ri))] , ATposs XIX)

7. There is however a degree of circularity in this suggestion, in that , as men-tioned at the outset , possession in large part consists of rights . I will not attempthere to grapple with problems this may raise.

8. We can include among " customs " the sorts of things discussed in " Miss Man -ners " columns in the newspaper : what do I do if someone doesn ' t fulfill the cus -

tomary obligation of writing a thank -you note for a wedding present?

9. What I am calling here the moral dimension is the main one considered byConison (1997), who draws the inference that everyone is entitled to sanctionsomeone who breaks a promise . Yon Wright (1963, 12), however , says, " 'By defi -nition ' , one could say, promises ought to be kept . But this is only one aspect,beside others , of the obligation in question . . . . To try to explain the obligation to

keep promises , for example , in terms of the 'normative pressure' of customs seemsutterly out of place ." This is the intuition I am trying to capture here.

10. In certain religious traditions , moral /ethical strictures are taken to be obliga -tions to a deity , and the deity acquires the right of retaliation . I take this to be acultural construct whose purpose is to sharpen ethical norms , giving them the

same " objective " status as laws .

11. " Infringe " : yet another thing one can do with a right . This verb has associa-tions of treading on another 's territory , a variation on possession.

12. This section is a particular area where I realize I run a risk of overly pre-supposing something like the Western democratic tradition , with its stress on the

94 Jackendoff

rights of the individual . If the logic works out differently for different cultures , sobe it .

13. Authority is a form of social dominance , but not the only one . For example ,

siblings often fall into a dominance hierarchy by age , but that does not necessarily

make it possible for an older sibling to impose obligations on a younger .

14. In particular , I have not dealt with what many take to be the most important

issue concerning rights : the notion of universal human rights . I see some difference

between these and the more mundane type of rights discussed here . Unlike con -

tractual rights , issues of human rights typically arise in the context of claiming

rights that are not acknowledged by governmental authority . In the time of the

American Revolution , such rights were asserted to be granted by higher (divine ornatural ) authority (as in " . . . endowed by their Creator with certain unalienable

rights . . ." ) ; in this century , they have been to some extent acknowledged throughinternational agreements such as the United Nations Universal Declaration of

Human Rights . In either case , there is to some extent a failure of mutual belief

in the existence of the rights in question , as well as questionable effectiveness in

enforcement on the part of the higher authority .

References

Bloom , P ., Peterson , M . A ., Nadel , L ., and Garrett , M . F . ( Eds .) . ( 1996 ) . Lan -guage and space . Cambridge , MA : MIT Press .

Brown , D . ( 1991 ) . Human universals . New Yark : McGraw -Hill .

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