Quotation Bezemek, Christoph and Ladavac, Nicoletta, Hrsg. Forthcoming. The Force of Law Reaffirmed - Fredrick Schauer Meets the Critics. Springer International Publishing.


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Abstract

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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Publication's profile

Affiliation WU
Type of publication Edited book (editorship)
Language English
Type of published work Book
Title The Force of Law Reaffirmed - Fredrick Schauer Meets the Critics
Publisher Springer International Publishing
Year 2016
ISBN 978-3-319-33987-0

Associations

People
Bezemek, Christoph (Former researcher)
External
Ladavac, Nicoletta (Thémis, Switzerland)
Organization
Austrian and European Public Law (Details)
Research areas (ÖSTAT Classification 'Statistik Austria')
5223 Philosophy of law (Details)
5251 Theory of law (Details)
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