This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties.
While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.
Mục lục
Preface (Bezemek/Ladavac).- Introduction (Isabel Isabel Trujillo, University of Palermo).- Coercion and Sanctions as Elements of Normative Systems (Nicoletta Ladavac, Thémis).- Does Law Without Force Exist? (Michael Potacs, WU).- Coercion and the Normativity of Law: A Comment on Frederick Schauer’s ‘The Force of Law’ (Thomas Bustamante, Universidade Federal de Minas Gerais).- The Force of Law and the Evolutionary Sting (Perluigi Chiassoni, Università di Genova Dipartimento di Giurisprudenza).- Normative Systems as Law in Synergy: Validity and Effectiveness (Jorge Emilio Nuñez, Manchester Law School).- The Good, the Bad, the Pure: Perspectives on the Force of Law (Christoph Bezemek, WU).- Coercion, Sovereignty, and the Differentiation of Law (Lars Vinx, Bilkent University).- The Force of Law – Reply to Critics (Frederick Schauer, University of Virginia School of Law).- Frederick Schauer, Biography, Bibliography (Nicoletta Ladavac, Thémis).
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