The Place Of Coercion In Law
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The Place Of Coercion In Law
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Author : Triantafyllos Gkouvas
language : en
Publisher: Cambridge University Press
Release Date : 2023-04-13
The Place Of Coercion In Law written by Triantafyllos Gkouvas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-04-13 with Philosophy categories.
The question of whether coercion is a necessary or contingent feature of governance by law is a historically complex aspect of a venerable 'modalist' trend in jurisprudential thinking. The nature of the relation between law and coercion has been elaborated by means of a variety of modally qualified accounts, all converging in a more or less committing response to whether the language, concept or essence of law as a system of governance necessarily entails the coercive character of this system. This Element remodels in non-modal terms the way in which legal philosophers can meaningfully disagree about the coercive character of governance by law. On this alternative model, there can be no meaningful disagreement about whether law is coercive without prior agreement on the contours of a theory of how law is made.
Coercion
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Author : Alan Wertheimer
language : en
Publisher: Princeton University Press
Release Date : 2014-07-14
Coercion written by Alan Wertheimer and has been published by Princeton University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-14 with Philosophy categories.
Wertheimer attempts to move beyond previous theories of coercion by conducting a fairly extensive survey of the way in which cases involving coercion have been treated by American courts. This impressive project occupies the first half of the book, where he makes a convincing case that there is a fairly unified 'theory of coercion' at work in adjudication, past and present. This legal theory, however, is not entirely adequate for the purposes of social and political philosophy, and the last half of the book develops Wertheimer's more comprehensive philosophical theory. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Philosophical Foundations Of The Nature Of Law
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Author : Wil Waluchow
language : en
Publisher: Oxford University Press
Release Date : 2013-03-14
Philosophical Foundations Of The Nature Of Law written by Wil Waluchow and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-14 with Law categories.
This volume examines power-sharing agreements, their legitimacy and their compatibility with human rights law. Providing a clear, accessible introduction to the political science and human rights law on the issue, the book is an invaluable guide to all those engaged with transitional justice, peace agreements, and human rights.
Coercion And The State
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Author : David A. Reidy
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-03-19
Coercion And The State written by David A. Reidy and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-19 with Law categories.
A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
Coercion And The Nature Of Law
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Author : Kenneth Einar Himma
language : en
Publisher: Oxford University Press
Release Date : 2020-05-06
Coercion And The Nature Of Law written by Kenneth Einar Himma and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-05-06 with Law categories.
The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditions. The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for action. Going against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
Hobbes On Legal Authority And Political Obligation
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Author : Luciano Venezia
language : en
Publisher: Springer
Release Date : 2015-09-01
Hobbes On Legal Authority And Political Obligation written by Luciano Venezia and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-09-01 with Philosophy categories.
Hobbes on Legal Authority and Political Obligation develops a new interpretation of Hobbes's theory of political obligation. According to the account developed in the book, the directives issued by the sovereign as introducing authoritative requirements, so that subjects are morally obligated to obey them.
The Force Of Law
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2015-02-10
The Force Of Law written by Frederick Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Law categories.
Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law
The Force Of Law
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Author : Frederick Schauer
language : en
Publisher: Harvard University Press
Release Date : 2015-02-10
The Force Of Law written by Frederick Schauer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-10 with Law categories.
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.
Coercion Contract And Free Labor In The Nineteenth Century
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Author : Robert J. Steinfeld
language : en
Publisher: Cambridge University Press
Release Date : 2001-02-05
Coercion Contract And Free Labor In The Nineteenth Century written by Robert J. Steinfeld and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-02-05 with Business & Economics categories.
Presents a fundamental reassessment of the nature of wage labor in the nineteenth century.
The Law Of Duress And Necessity
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Author : Nathan Tamblyn
language : en
Publisher: Routledge
Release Date : 2017-09-07
The Law Of Duress And Necessity written by Nathan Tamblyn and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-07 with Law categories.
The language of duress and necessity is found in crime, tort and contract. This book explores those pleas, in both case law and theory, across the subject boundaries, and across jurisdictions. In doing so, it seeks to identify the lessons which each area of law can learn from the others, and to tease out common themes while demarcating important differences. The overall outcome is a law more coherent and understood in sharper detail. This book considers the law of England and Wales, Australia, New Zealand, Hong Kong and Canada, as well as the American tortious defence of necessity.