The Force of Law Reaffirmed

Frederick Schauer Meets the Critics

Nonfiction, Religion & Spirituality, Philosophy, Reference, Political, Reference & Language, Law
Cover of the book The Force of Law Reaffirmed by , Springer International Publishing
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: ISBN: 9783319339870
Publisher: Springer International Publishing Publication: August 24, 2016
Imprint: Springer Language: English
Author:
ISBN: 9783319339870
Publisher: Springer International Publishing
Publication: August 24, 2016
Imprint: Springer
Language: English

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 should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties.

While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether 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 has made a strong case to reaffirm the force of law, shedding new light on this essential question.  This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

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 should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties.

While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether 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 has made a strong case to reaffirm the force of law, shedding new light on this essential question.  This book collects important commentaries, never before published, by prominent legal philosophers evaluating Schauer’s substantive arguments and his claims about jurisprudential methodology.

More books from Springer International Publishing

Cover of the book Ethnicities and Tribes in Sub-Saharan Africa by
Cover of the book Convex Optimization in Normed Spaces by
Cover of the book Higgs Properties at the LHC by
Cover of the book Grammatical Approaches to Language Processing by
Cover of the book Programming Languages and Systems by
Cover of the book Sociomaterial-Design by
Cover of the book New Trends in Applied Harmonic Analysis by
Cover of the book The Pathology of Cardiac Transplantation by
Cover of the book Advances in Cartography and GIScience by
Cover of the book Postoperative Care in Thoracic Surgery by
Cover of the book Violent Women in Contemporary Theatres by
Cover of the book Accurate Calibration of Raman Systems by
Cover of the book Minimally Invasive Coloproctology by
Cover of the book Watermarking Techniques for Copyright Protection of Videos by
Cover of the book Neurotechnology, Electronics, and Informatics by
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy