The Force of Law Reaffirmed - Frederick Schauer Meets the Critics (Hardcover, 1st ed. 2016)

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.

General

Imprint:	Springer International Publishing AG
Country of origin:	Switzerland
Series:	Law and Philosophy Library, 117
Release date:	August 2016
First published:	2016
Editors:	Christoph Bezemek • Nicoletta Ladavac
Dimensions:	235 x 155 x 13mm (L x W x T)
Format:	Hardcover
Pages:	169
Edition:	1st ed. 2016
ISBN-13:	978-3-319-33986-3
Categories:	Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Philosophy > Topics in philosophy > Social & political philosophy
LSN:	3-319-33986-9
Barcode:	9783319339863

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