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‘Ought implies Can’ and the law

Fox, Chris and Feis, Guglielmo (2018) '‘Ought implies Can’ and the law.' Inquiry, 61 (4). pp. 370-393. ISSN 0020-174X

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In this paper, we investigate the ‘ought implies can’ (OIC) thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

Item Type: Article
Uncontrolled Keywords: Ought implies can; OIC; meta-norms; iterated modalities; law; legal drafting; pragmatics; semantics; Kelsen; Hart; von Wright
Subjects: B Philosophy. Psychology. Religion > B Philosophy (General)
Divisions: Faculty of Science and Health
Faculty of Science and Health > Computer Science and Electronic Engineering, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 30 Nov 2017 11:26
Last Modified: 06 Jan 2022 13:43

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