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The Force of Law Reaffirmed - Frederick Schauer Meets the Critics (Paperback, Softcover reprint of the original 1st ed. 2016)
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The Force of Law Reaffirmed - Frederick Schauer Meets the Critics (Paperback, Softcover reprint of the original 1st ed. 2016)
Series: Law and Philosophy Library, 117
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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.
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