Practical Authority as Telling People What to Do
摘要
This chapter explicates the conditions content must satisfy to constitute telling someone what to do—i.e. as a telling. Kenneth Himma shows that content counts as a telling, on our conceptual practices, only if it makes compliance compulsory and that the only way content can make compliance compulsory is by being backed with detriment reasonably contrived to deter enough noncompliance to enable the teller, telling, or system to minimally achieve its intended ends. Himma goes on to argue that certain common responses to presumptively inappropriate tellings show it is uncontentious among ordinary speakers that tellings create requirements by subjecting noncomplying subjects to such detriment. He concludes that a mandatory legal prescription counts as a telling only if backed by a threat of detriment that counts as a sanction because reasonably contrived to deter enough noncompliance to enable the teller, telling, or system to minimally achieve its intended ends.