Legal Obligation and Ability

International Journal of Philosophical Studies (forthcoming)
  Copy   BIBTEX

Abstract

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 attack on OIC fails.

Author's Profile

Samuel J. M. Kahn
Indiana University Purdue University, Indianapolis

Analytics

Added to PP
2024-05-03

Downloads
2 (#94,529)

6 months
2 (#93,934)

Historical graph of downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.
How can I increase my downloads?