I argue for a version of "ought" implies "can". In particular, I argue that it is necessarily true that if an agent, S, ultima facie ought to do A at T', then there is a time T* such that S can at T* do A at T'. In support of this principle, I have argued that without it, we cannot explain how it is that, in cases where agents cannot do the best thing, they often ought to do some alternative (...) action - such as get help or do the promised action later; nor can we explain the phenomenon of necessary enablers or the phenomenon of more stringent prima facie obligations overriding less stringent ones in cases where the agent cannot fulfill both. (shrink)

Moral Failure: On the Impossible Demands of Morality asks what happens when the sense that "I must" collides with the realization that "I can't." Bringing together philosophical and empirical work in moral psychology, Lisa Tessman here examines moral requirements that are non-negotiable and that contravene the principle that "ought implies can.".

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain (...) can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law. (shrink)

Many philosophers accept that ought implies can (OIC), but it is not obvious that we have a good argument for that principle. I consider one sort of argument for it, which seems to be a development of an Aristotelian idea about practical deliberation and which is endorsed by, amongst others, R. M. Hare and James Griffin. After briefly rehearsing some well-known objections to that sort of argument (which is based on the supposed pointlessness of impossible obligations), I present a further (...) objection, based on a maximally charitable reading of the argument, and conclude that nobody ought to think that it gives them a reason to accept OIC. (shrink)

This work has been selected by scholars as being culturally important and is part of the knowledge base of civilization as we know it. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity has a copyright on the body of the work. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and (...) made generally available to the public. To ensure a quality reading experience, this work has been proofread and republished using a format that seamlessly blends the original graphical elements with text in an easy-to-read typeface. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant. (shrink)

Does ?ought? imply ?can? for collectives' obligations? In this paper I want to establish two things. The first, what a collective obligation means for members of the collective. The second, how collective ability can be ascertained. I argue that there are four general kinds of obligation, which devolve from collectives to members in different ways, and I give an account of the distribution of obligation from collectives to members for each of these kinds. One implication of understanding collective obligation and (...) ability in the proposed way is that a group can be blameworthy for failing to realize its obligation even when no member of the group is blameworthy for failing to realize her obligation. (shrink)

What is justice? -- The idea of justice in the Holy Scriptures -- Platonic justice -- Aristotle's doctrine of justice -- The natural-law doctrine before the tribunal of science -- A "dynamic" theory of natural law -- Absolutism and relativism in philosophy and politics -- Value judgments in the science of law -- The law as a specific social technique -- Why should the law be obeyed? -- The pure theory of the law and analytical jurisprudence -- Law, state, and (...) justice in the pure theory of law -- Causality and retribution -- Causality and imputation -- Science and politics. (shrink)

Walter Sinnott-Armstrong argues that 'ought' does not entail 'can', but instead conversationally implicates it. I argue that Sinnott-Armstrong is actually committed to a hybrid view about the relation between 'ought' and 'can'. I then give a tensed formulation of the view that 'ought' entails 'can' that deals with Sinnott-Armstrong's argument and that is more unified than Sinnott-Armstrong's view.

1. Implicature: some basic oppositions IMPLICATURE is a component of speaker meaning that constitutes an aspect of what is meant in a speaker’s utterance without being part of what is said. What a speaker intends to communicate is characteristically far richer than what she directly expresses; linguistic meaning radically underdetermines the message conveyed and understood. Speaker S tacitly exploits pragmatic principles to bridge this gap and counts on hearer H to invoke the same principles for the purposes of utterance interpretation. (...) The contrast between the said and the meant, and derivatively between the said and the implicated (the meant-but-unsaid), dates back to the fourth century rhetoricians Servius and Donatus, who characterized litotes—the figure of pragmatic understatement—as a figure in which we say less but mean more (“minus dicimus et plus significamus”; see Hoffmann 1987 and Horn 1991a for discussion). In the classical Gricean model, the bridge from what is said (the literal content of the uttered sentence, computed directly from its grammatical structure with the reference of indexicals resolved) to what is communicated is constructed through implicature. As an aspect of speaker meaning, implicatures are by definition distinct from the non-logical inferences that the hearer draws; it is a category mistake to attribute implicatures either to hearers or to sentences (e.g. P and Q) and subsentential expressions (e.g. some). But we can systematically (at least for generalized implicatures; see below) correlate the speaker’s intention to implicate q (in uttering p in context C), the expression p that carries the implicature in C, and the inference of q induced by the speaker’s utterance of p in C. (shrink)

I defend the following version of the ought-implies-can principle: (OIC) by virtue of conceptual necessity, an agent at a given time has an (objective, pro tanto) obligation to do only what the agent at that time has the ability and opportunity to do. In short, obligations correspond to ability plus opportunity. My argument has three premises: (1) obligations correspond to reasons for action; (2) reasons for action correspond to potential actions; (3) potential actions correspond to ability plus opportunity. In the (...) bulk of the paper I address six objections to OIC: three objections based on putative counterexamples, and three objections based on arguments to the effect that OIC conflicts with the is/ought thesis, the possibility of hard determinism, and the denial of the Principle of Alternate Possibilities. (shrink)

Part I Describing and Prescribing He to whom thou was sent for ease, being by name Legality, is the son of the Bond-woman . . . how canst thou expect by ...

Reprinted 1999 by The Lawbook Exchange, Ltd. LCCN 98-32334. ISBN 1-886363-74-9. Cloth. $95. * Reprint of the first edition.

In this paper, I present the results of an experimental study on intuitions about moral obligation (ought) and ability (can). Many philosophers accept as an axiom the principle known as “Ought Implies Can” (OIC). If the truth of OIC is intuitive, such that it is accepted by many philosophers as an axiom, then we would expect people to judge that agents who are unable to perform an action are not morally obligated to perform that action. The results of my experimental (...) study show that participants were more inclined to judge that an agent ought to perform an action than that the agent can perform the action. Overall, participants said that an agent ought to perform an action even when they said that the agent cannot do it. I discuss the implications of these results for the debate over OIC. (shrink)

Moral philosophers widely believe that it is a part of the MEANING of 'ought' statements that they imply 'can' statements. To this thesis I offer three challenges, and then I conclude on a broader methodological note. (1) Epistemological Modal Argument: for all we know, determinism is true; determinism contradicts “ought implies can”; therefore we don’t know that 'ought' implies 'can'. (2) Metaphysical Modal Argument: determinism is conceptually possible; determinism contradicts “ought implies can”; therefore “ought implies can” is not an analytic (...) truth. (3) Semantic Argument: “You ought to X” is equivalent to “Do X!”; but “Do X!” does not entail that you can X, according to leading analyses of the imperative. (4) My two modal arguments are epistemologically significant, for they illustrate a general method for refuting a whole class of argument. (shrink)

I assess a series of arguments intended to show that 'ought' implies 'can'. Two are rooted in uses of 'ought' in contexts of deliberation and command. A third draws on the distinctive resources of deontic logic. I show that, in each case, the arguments leave scope for forms of infinite moral consciousness—forms of moral consciousness in which a moral obligation retains its authority even in the face of the conviction that the obligation is impossible to fulfil. In this respect the (...) paper sides with Martin Luther against Erasmus and Kant. (shrink)

In moral dilemmas, where circumstances prevent two or more equally justified prima facie ethical requirements from being fulfilled, it is often maintained that, since the agent cannot do both, conjoint obligation is overridden by Kant's principle that ought implies can, but that the agent nevertheless has a disjunctive obligation to perform one of the otherwise obligatory actions or the other. Against this commonly received view, it is demonstrated that although Kant's ought-can principle may avoid logical inconsistency, the principle is incompatible (...) with disjunctive obligation in standard deontic logic, and that it entails paradoxically that none of the conflicting dilemma actions will in fact occur. The principle appears to provide the only plausible safeguard against deontic antinomy, but cannot be admitted because of its collision with considered moral judgments. (shrink)

Lemmon argues that dilemmas occur between classes of 'oughts;' duties, obligations, and moral principles. He claims that there are not conflicts within each class, presumably because he is a utilitarian, and thinks that moral principles will always be univocal.

Genuine norms have no truth-value. This makes their \logic" peculiar. Norms which are prescriptions have, moreover, a history. They come into being, are \in force" for some time, and then pass out of existence. By a corpus of norms we understand a nite set of temporally co- existing norms. A corpus is satised if, and only if, all states of aairs which the norms of the corpus pronounce obligatory obtain throughout the history of the corpus { and every state which (...) the norms pronounce permitted obtains some time in this history. And a corpus is satisable if if is logically possible that it is satised. (shrink)

I LAW AND NATURE i. The "Pure" Theory The Pure Theory of Law is a theory of positive law. It is a theory of positive law in general, not of a specific legal ...

The aim of this article is twofold. First, it is argued that while the principle of ‘ought implies can’ is certainly plausible in some form, it is tempting to misconstrue it, and that this has happened in the way it has been taken up in some of the current literature. Second, Kant's understanding of the principle is considered. Here it is argued that these problematic conceptions put the principle to work in a way that Kant does not, so that there (...) is an important divergence here which can easily be overlooked. (shrink)

The paper is based upon a conception of norms as prescriptions which are neither true nor false. Two norms may be said to contradict one another when the conjunction of (the descriptions of) their contents is a logical contradiction. A norm is said to entail another norm when the first norm and the negation-norm of the second contradict one another. By the negation-norm of an obligation is understood a permission "to the contrary", and by the negation-norm of a permission an (...) obligation "to the contrary". On the basis of these definitions it can be shown that the axioms and theorems of first order standard deontic logic are "normative tautologies". Norms of higher order may be viewed as prescriptions "transmitting the will" of a higher or sovereign authority through a lower or sub-ordinate authority to the norm-subjects. Under this conception of the orders, it is provable that a "complete" system of deontic logic is S4-like. (shrink)