Code: 02981068
This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer ... more
196.61 €
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This book examines the success of Frederick Schauer's efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer's main arguments, it contributes to answering the question whether force, sanctions and coercion should (or rather should not) indeed be regarded as necessary elements of the Concept of Law.§§While it was originally assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts whether or not law and coercion are necessarily connected, referring to the empowering, or more generally enabling character exhibited by some legal norms. Prominent scholars following and refining Hart's argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer made a strong case to reaffirm the force of law, shedding new light on this essential question.§
Book category Books in English Humanities Philosophy Social & political philosophy
196.61 €
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