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The Force of Law Reaffirmed

Part of the Law and Philosophy Library Book Series (volume 117)

Editors: Bezemek, Christoph; Ladavac, Nicoletta

DOI: 10.1007/978-3-319-33987-0

ISBN: 978-3-319-33986-3

Publisher: Springer International Publishing - Springer Journals

Aug 25, 2016

1 - 10 of 10 Chapters

Available

Introduction: Why (Ever) Define Law and How to Do It

Trujillo, Isabel

Pages: 1 –14

[This contribution addresses some problems regarding the two core aspects of Schauer’s proposal discussed by his critics in this book: the method of defining law (his proposal of anti-essentialism) and the definition of law based on the ubiquity of coercion. In this introduction, both aspects...
Available

Bad for Good: Perspectives on Law and Force

Bezemek, Christoph

Pages: 15 –26

[Typically, the ‘Bad Man’ who’s role we have to assume according to O.W. Holmes in order to ‘know the law and nothing else’, is considered to be both morally impoverished and analytically deficient. This paper argues that, quite on the contrary, the Bad Man’s perspective is most useful in order...
Available

Coercion and the Normativity of Law: Some Critical Remarks on Frederick Schauer’s The Force of Law

Bustamante, Thomas

Pages: 27 –59

[In The Force of Law, Frederick Schauer maintains that in order to analyze the normative force of the law, one should adopt a particular strategy to ‘isolate’ the effect of laws in determining the behavior of citizens and legal officials. To understand the law’s capacity to motivate human...
Available

Supporting The Force of Law: A Few Complementary Arguments Against Essentialist Jurisprudence

Chiassoni, Pierluigi

Pages: 61 –71

[In The Force of Law, Frederick Schauer launches an attack on a contemporary variety of jurisprudence that looks after law’s essential properties, boasts a Hartian pedigree in doing so, and claims coercion not to be part of the very nature, or essence, of the law. The present chapter is meant to...
Available

Coercion and Sanctions as Elements of Normative Systems

Ladavac, Nicoletta

Pages: 73 –96

[In this paper I shall attempt to demonstrate the role that sanctions and coercion have played in legal systems and still play within normative systems. Starting from continental lawLaw, namely the theory of law developed by Hans Kelsen and Norberto Bobbio, I shall summarize the concept of...
Available

Forceful Law

Morris, Christopher W.

Pages: 97 –106

[Frederick Schauer thinks that force and coercion are not given their due in contemporary philosophy of law. I agree with him that force and coercion play a big role in our legal systems. Nevertheless I think that (1) coercion and force are in an important sense secondary or supplementary to the...
Available

The Force of Law: Law and Coercion, Validity and Effectiveness, and Synergy

Nunez, Jorge Emilio

Pages: 107 –120

[This paper considers the two claims Schauer introduces in The Force of Law. Firstly, the paper seeks to establish that coercion is (a) generally part of the law; and (b) occasionally may not be. Secondly, I intend to demonstrate that despite the fact that the relationship between rules and facts...
Available

Does Law Without Force Exist?

Potacs, Michael

Pages: 121 –128

[Virtually all norms of a legal system are more or less closely connected to the enforcement of lawEnforcement of law. The reasons for this coercive character of law is to be found in the state’s monopoly of legitimate coercion, conflicting interests of the members of society and the...
Available

Schauer on the Differentiation of Law

Vinx, Lars

Pages: 129 –143

[This chapter supports Frederick Schauer’s contention, put forward in the last chapter of The Force of Law, that coercion is one of the differentiating characteristics of law. However, the chapter takes issue with the way in which this contention is defended by Schauer, and it argues that a fully...
Available

Incomplete Responses

Schauer, Frederick

Pages: 145 –166

[This chapter, by the author of The Force of Law, is a series of individual responses to each of the commentaries contained in The Force of Law Reaffirmed. It engages with the main themes of each of the commentaries, but cannot address all of the points made by each author, and in this sense is...

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