Law and Coercion

Philosophy Compass 8 (3):231-240 (2013)
Abstract
Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant.
Keywords coercion  enforcement  nature of law
Categories (categorize this paper)
DOI 10.1111/phc3.12013
Options
 Save to my reading list
Follow the author(s)
Edit this record
My bibliography
Export citation
Find it on Scholar
Mark as duplicate
Request removal from index
Revision history
Download options
Our Archive


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 32,587
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA
The Morality of Freedom.Joseph Raz - 1986 - Oxford University Press.
The Concept of Law.H. L. A. Hart - 1961 - Oxford University Press.
A Theory of Justice.John Rawls - 2009 - In Steven M. Cahn (ed.), Philosophy and Rhetoric. Oxford University Press. pp. 133-135.

View all 32 references / Add more references

Citations of this work BETA

Add more citations

Similar books and articles
Added to PP index
2013-03-09

Total downloads
41 ( #145,133 of 2,235,700 )

Recent downloads (6 months)
3 ( #193,215 of 2,235,700 )

How can I increase my downloads?

Monthly downloads
My notes
Sign in to use this feature