Law, Coercion and Folk Intuitions

Oxford Journal of Legal Studies 43 (1):97-123 (2023)
  Copy   BIBTEX

Abstract

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in a society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion.

Links

PhilArchive

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

Law and Coercion.Robert C. Hughes - 2013 - Philosophy Compass 8 (3):231-240.
Coercion and the nature of law.Grant Lamond - 2001 - Legal Theory 7 (1):35-57.
The Ethics of Legal Coercion.Dan W. Brock - 1985 - Noûs 19 (4):641-644.
Legal authority as a social fact.Michael Baurmann - 2000 - Law and Philosophy 19 (2):247-262.
Evidence law.Gary Edmond & David Hamer - 2010 - In Peter Cane & Herbert M. Kritzer (eds.), The Oxford Handbook of Empirical Legal Research. Oxford University Press.
The Nature of Political Coercion: An Analysis and Justification.Wei Han - 2004 - Dissertation, The University of Connecticut
Philosophical foundations of the nature of law.Wilfrid J. Waluchow & Stefan Sciaraffa (eds.) - 2013 - Oxford, United Kingdom: Oxford University Press.

Analytics

Added to PP
2023-05-16

Downloads
250 (#84,702)

6 months
139 (#29,198)

Historical graph of downloads
How can I increase my downloads?

Author Profiles

Lucas Miotto
University of Surrey
Noel Struchiner
Pontifical Catholic University of Rio de Janeiro

Citations of this work

No citations found.

Add more citations

References found in this work

The Folk Concept of Law: Law Is Intrinsically Moral.Brian Flanagan & Ivar R. Hannikainen - 2022 - Australasian Journal of Philosophy 100 (1):165-179.
Authority, Law and Morality.Joseph Raz - 1985 - The Monist 68 (3):295-324.
The Demarcation Problem in Jurisprudence: A New Case for Scepticism.Brian Leiter - 2011 - Oxford Journal of Legal Studies 31 (4):663-677.

View all 7 references / Add more references