Overview
- Presents a wealth of different perspectives on the essential questions raised by the Concept of Law
- Includes discussions of Frederick Schauer’s original position and his reply
- Ensures coherence as well as a lively exchange of ideas by scholars from different legal traditions
- Includes supplementary material: sn.pub/extras
Part of the book series: Law and Philosophy Library (LAPS, volume 117)
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Table of contents (10 chapters)
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Front Matter
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Back Matter
Keywords
- Force of Law
- H.L.A. Hart
- Excluding Force and Coercion
- Essential Properties of Law
- Reclaim Force as a Core Element of Law
- Force, Sanctions and Coercion
- Necessary Elements of the Concept of Law
- Normative Systems
- Coercion and the Normativity of Law
- Frederick Schauer’s ‘The Force of Law’
- Normative Systems as Law in Synergy
- Validity and Effectiveness
- Coercion, Sovereignty, and the Differentiation of Law
About this book
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.
Editors and Affiliations
Bibliographic Information
Book Title: The Force of Law Reaffirmed
Book Subtitle: Frederick Schauer Meets the Critics
Editors: Christoph Bezemek, Nicoletta Ladavac
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-319-33987-0
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing Switzerland 2016
Hardcover ISBN: 978-3-319-33986-3Published: 06 September 2016
Softcover ISBN: 978-3-319-81648-7Published: 12 June 2018
eBook ISBN: 978-3-319-33987-0Published: 24 August 2016
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XIII, 169
Topics: Fundamentals of Law, Political Philosophy, Philosophy of Law