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2009

Jurisprudence

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Christian Dahlman

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The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman Dec 2008

The Difference Between Obedience Assumed And Obedience Accepted, Christian Dahlman

Christian Dahlman

The analysis of legal statements that are made from an “internal point of view” must distinguish statements where legal obedience is accepted from statements where legal obedience is only assumed. Statements that are based on accepted obedience supply reasons for action, but statements where obedience is merely assumed can never provide reasons for action. It is argued in this paper that John Searle neglects this distinction. Searle claims that a statement from the internal point of view provides the speaker with reasons for actions that are “self-sufficient” in the sense that they are independent of the speaker's beliefs and desires. …