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Coercion and the Nature of Law (Hardcover)
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Coercion and the Nature of Law (Hardcover)
Series: Oxford Legal Philosophy
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The Coercion Thesis has been a subject of longstanding debate, but
legal positivist scholarship over the last several decades has
concluded that coercion is not necessary for law. Coercion and the
Nature of Law is concerned with reviving the Coercion Thesis,
presenting a strong case for the inherently coercive nature of
legal regulation, and arguing that anything properly characterized
as a legal system must back legal norms prohibiting breaches of the
peace with the threat of a coercive sanction. Himma presents the
argument that people are self-interested beings who must compete in
a world of scarcity for everything they need to survive and thrive.
The need to compete for resources naturally leads to conflict that
can breach the peace, and threatens the ability to live together in
a community and reap the social benefits of cooperation. Law only
functions as a system if it can maintain the peace enough for
community to continue, and thus systems of law cannot succeed in
doing anything that we want systems of law to do unless they back
laws prohibiting violent assaults on persons or property with the
threat of punishment; without sanctions, we would descend into
something resembling a condition of war-of-all-against-all. We
adopt coercive systems of regulation precisely to avoid having to
live under such conditions. The book is divided into three parts:
(1) a prima facie logical-empirical case for the Coercion Thesis,
(2) a study of the "society of angels" and international law
counterexamples, and why they do not refute the thesis, and (3) an
analysis of how law guides behaviour and the implications of the
Coercion Thesis on reasons for action. Going against the current
conventional wisdom in legal philosophy, Himma makes a systematic
defence of the Coercion Thesis arguing that coercion or enforcement
mechanisms are not only a necessary feature of legal systems, but a
conceptually necessary feature of legal systems.
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