Law and Coercion

Philosophy Compass 8 (3):231-240 (2013)
  Copy   BIBTEX

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.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 92,323

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Is Law Coercive?William A. Edmundson - 1995 - Legal Theory 1 (1):81-111.
Bargaining Advantages and Coercion in the Market.Joan McGregor - 1988 - Philosophy Research Archives 14:23-50.
Law and Liberty.Philip Pettit - 2009 - In Samantha Besson & José Luis Martí (eds.), Legal Republicanism: National and International Perspectives. Oxford University Press.
PhilipS on coerced agreements.Joan McGregor - 1988 - Law and Philosophy 7 (2):225 - 236.
Are coerced agreements involuntary?Michael Philips - 1984 - Law and Philosophy 3 (1):133 - 145.
What Is Legal Philosophy?Matthew H. Kramer - 2012 - Metaphilosophy 43 (1-2):125-134.
State coercion and force.Christopher Morris - 2012 - Social Philosophy and Policy 29 (1):28-49.
The legal system between order and disorder.Michel van de Kerchove - 1994 - New York: Oxford University Press. Edited by François Ost.

Analytics

Added to PP
2013-03-09

Downloads
88 (#194,244)

6 months
5 (#648,018)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Robert C. Hughes
Rutgers Business School–Newark and New Brunswick

Citations of this work

Law and Coercion: Some Clarification.Lucas Miotto - 2021 - Ratio Juris 34 (1):74-87.
Are health nudges coercive?Muireann Quigley - 2014 - Monash Bioethics Review 32 (1-2):141-158.
Pay Secrecy, Discrimination, and Autonomy.Matthew Caulfield - 2020 - Journal of Business Ethics 171 (2):399-420.

Add more citations

References found in this work

Anarchy, State, and Utopia.Robert Nozick - 1974 - New York: Basic Books.
The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.

View all 36 references / Add more references