The Force of Law:
Law and Coercion, Validity and Effectiveness, and Synergy[1]
Dr JORGE EMILIO NUNEZ
Abstract This paper considers the two claims
Schauer introduces in The Force of Law.
Firstly, the paper seeks to establish that coercion is (a) generally part of the law; and (b) occasionally may be not. Secondly, I intend to demonstrate that despite the fact
that the relationship between rules and facts within a normative system could
be necessary, sufficient or desirable, in all cases is a synergetic one: they
outperform when they work together. Therein, the last section of this paper
shows that coercion has philosophical interest in explaining the nature of law
since the question whether it is a necessary or sufficient element is
irrelevant.
Keywords
Law,
Coercion, Validity, Effectiveness, Synergy, Power
Complete paper available at SSRN The Force of Law: Law and Coercion, Validity and Effectiveness, and Synergy
[1] A very early version of this paper “нормативные системы как право в синергии: ДЕЙСТВИТЕЛЬНОСТЬ И
ДЕЙСТВЕННОСТЬ” (in English, “Normative Systems as Law in Synergy: Validity and
Effectiveness”), Philosophy of Law and State Responsibility, St. Petersburg
State University, 2012.
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