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The opaqueness of rules

Abstract:

This article takes up the question of whether legal rules are reasons for action. They are commonly regarded in this way, yet are legal rules reasons for action themselves (the reflexivity thesis) or are they instead merely statements of other reasons that we may already have (the paraphrastic thesis)? I argue for a version of the paraphrastic thesis. In doing so, considerable attention is given to the neglected but important puzzle of the opaqueness of rules, which arises out of what some re...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1093/ojls/gqaa054

Authors


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Institution:
University of Oxford
Division:
HUMS
Department:
Philosophy Faculty
Oxford college:
Wolfson College
Role:
Author
Publisher:
Oxford University Press
Journal:
Oxford Journal of Legal Studies More from this journal
Volume:
41
Issue:
2
Pages:
407-430
Publication date:
2020-12-14
DOI:
EISSN:
1464-3820
ISSN:
0143-6503
Language:
English
Keywords:
Pubs id:
1243153
Local pid:
pubs:1243153
Deposit date:
2022-09-22

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