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.
‘Ought implies Can’ and the law / C. Fox, G. Feis. - In: INQUIRY. - ISSN 0020-174X. - (2017 Sep 10), pp. 1-24. [Epub ahead of print] [10.1080/0020174X.2017.1371873]
‘Ought implies Can’ and the law
G. FeisUltimo
2017
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.
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