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‘Ought implies Can’ and the law

Fox, C and Feis, G (2017) '‘Ought implies Can’ and the law.' Inquiry. ISSN 0020-174X

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Abstract

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 > Computer Science and Electronic Engineering, School of
Depositing User: Elements
Date Deposited: 30 Nov 2017 11:26
Last Modified: 10 Mar 2019 02:00
URI: http://repository.essex.ac.uk/id/eprint/20606

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