The Epistemic Sense of the Pedigree Thesis |
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Authors: | Kenneth Einar Himma |
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Affiliation: | University of Washington |
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Abstract: | Jules Coleman has shown that positivism's pedigree thesis has a semantic sense and an epistemic sense. The semantic sense states the conditions a proposition must satisfy in order to be law. The epistemic sense constitutes a standard that can be used to identify the community's law. In this article, I argue the epistemic sense is considerably more modest than has often been supposed. At most, it provides a means for conclusively identifying those legislative utterances that give rise to statutory law. Accordingly, it is false that the pedigree thesis provides a test for deciding even questions of settled law. |
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