Coercion and the nature of law

Legal Theory 7 (1):35-57 (2001)
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Abstract

It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws normativity. It argues that the claim that law is necessarily coercive because it must be efficacious is mistakens normativity is inherently linked to coercion contains an important truths claim to authority encompasses the right to authorize the use of coercion

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Grant Lamond
Oxford University

Citations of this work

Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183.

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