Friday, 12 June 2015

The Force of Law: Law and Coercion [Presentation 1of2, Argentina June 2015]


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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