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The Force of Law

4.25  ·  Rating Details ·  4 Ratings  ·  1 Review
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society s other rules.

Reinvigorating ideas from Jeremy Bentham
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Hardcover, 256 pages
Published February 10th 2015 by Harvard University Press
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Dominic Foo
Jul 04, 2016 Dominic Foo rated it liked it
I was looking around for a Neo-Austinian account of the law and I stumbled upon this contemporary attempt at giving precisely such an account. John Austin's account of the law is that of commands issued by a sovereign backed up by coercion. While Schauer eschews this as a /definition/ of the law, arguing against any attempt at providing necessary and sufficient conditions for anything, he maintains that coercion is empirically a pervasive feature of the law and so important and significance for ...more
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“See Sean Coyle, “Thomas Hobbes and the Intellectual Origins of Legal Positivism,” Canadian Journal of Law and Jurisprudence 16 (2003), 243–270; Mark Murphy, “Was Hobbes a Legal Positivist?,” Ethics 105 (1995), 846–873.” 0 likes
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