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Law, ‘Ought’, and ‘Can’

Ethics 133 (4):529-557 (2023)

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  1. Legal Obligation and Ability.Samuel Kahn - 2024 - International Journal of Philosophical Studies 32 (3):333-350.
    In Wilmot-Smith’s recent “Law, ‘Ought’, and ‘Can’,” he argues that legal obligation does not imply ability. In this short reply, I show that Wilmot-Smith’s arguments do not withstand critical scrutiny. In section 1, I attack Wilmot-Smith’s argument for the claim that allowing for impossible obligations makes for a better legal system, and I introduce positive grounds for thinking otherwise. In section 2, I show that, even if Wilmot-Smith had established that impossible obligations make for a better legal system, his subsequent (...)
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