The Force of Law: law and coercion, validity and effectiveness, and synergy

Nunez, JE (2016) The Force of Law: law and coercion, validity and effectiveness, and synergy. In: The Force of Law Reaffirmed: Frederick Schauer meets the critics. Springer, Cham, pp. 107-120. ISBN 9783319339863 (hardback); 9783319339870 (ebook); 9783319816487 (softcover)

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Abstract

This paper considers the two claims Schauer introduces in The Force of Law. Firstly, the paper seeks to establish that coercion is (a) generally part of the law; and (b) occasionally may not be. Secondly, I intend to demonstrate that despite the fact that the relationship between rules and facts within a normative system could be necessary, sufficient or desirable, in all cases is a synergetic one: they work better when they work together. Hence, the last section of this paper shows that coercion has philosophical interest in explaining the nature of law and that the question whether it is a necessary or sufficient element can be set aside. coercion1) that is chief among the characteristic identifying and differentiating ...