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 Hegel and Empire by
Cover of the book Decoding Neural Circuit Structure and Function by
Cover of the book From Cave Man to Cave Martian by
Cover of the book Game Dynamics by
Cover of the book Problems and Solutions in Thermoelasticity and Magneto-thermoelasticity by
Cover of the book Technologies and Innovation by
Cover of the book The Economics of Brexit by
Cover of the book Conflicting Philosophies and International Trade Law by
Cover of the book Poás Volcano by
Cover of the book The Digitization of Business in China by
Cover of the book Design Computing and Cognition '16 by
Cover of the book The Automobile Revolution by
Cover of the book Theory of Distributions by
Cover of the book Leadership in Diverse Learning Contexts by
Cover of the book Trends in Mathematical Economics 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