What Does ‘Legal Obligation’ Mean?

Pacific Philosophical Quarterly 99 (4):790-816 (2018)
Download Edit this record How to cite View on PhilPapers
Abstract
What do normative terms like “obligation” mean in legal contexts? On one view, which H.L.A. Hart may have endorsed, “obligation” is ambiguous in moral and legal contexts. On another, which is dominant in jurisprudence, “obligation” has a distinctively moralized meaning in legal contexts. On a third view, which is often endorsed in philosophy of language, “obligation” has a generic meaning in moral and legal con- texts. After making the nature of and disagreements between these views precise, I show how linguistic data militates against both rivals to the generic meaning view, and argue that this has significant implications for jurisprudence.
Reprint years
2018
PhilPapers/Archive ID
WODWDL
Upload history
Archival date: 2019-11-24
View other versions
Added to PP index
2018-03-08

Total views
221 ( #24,054 of 57,134 )

Recent downloads (6 months)
112 ( #5,040 of 57,134 )

How can I increase my downloads?

Downloads since first upload
This graph includes both downloads from PhilArchive and clicks on external links on PhilPapers.