Journal article
The forces of law: duty, coercion, and power
- Abstract:
- This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: (a) The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. (b) Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. (c) We cannot determine how important coercion is to the efficacy of law until we know what counts as coercive force. The question of what counts as coercion is not a matter for generalization or stipulation. It requires an explanation of the concept of coercion.
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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- Files:
-
-
(Preview, Accepted manuscript, pdf, 291.5KB, Terms of use)
-
- Publisher copy:
- 10.1111/raju.12122
Authors
- Publisher:
- Wiley
- Journal:
- Ratio Juris More from this journal
- Volume:
- 29
- Issue:
- 2
- Pages:
- 164-181
- Publication date:
- 2016-05-23
- Acceptance date:
- 2016-01-03
- DOI:
- ISSN:
-
1467-9337
- Pubs id:
-
pubs:597634
- UUID:
-
uuid:74accd56-57b1-4be4-9b48-1b5522ca9b9d
- Local pid:
-
pubs:597634
- Source identifiers:
-
597634
- Deposit date:
-
2016-01-26
Terms of use
- Copyright holder:
- Green
- Copyright date:
- 2016
- Notes:
- © 2016 The Author. Ratio Juris © 2016 John Wiley & Sons Ltd. This is the accepted manuscript version of the article. The final version is available from Wiley at: https://doi.org/10.1111/raju.12122
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