Coercion and the nature of law / Kenneth Einar Himma.
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 inherent...
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| Format: | Book |
| Language: | English |
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Oxford, United Kingdom ; New York, NY :
Oxford University Press,
2020.
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| Edition: | First edition. |
| Series: | Oxford legal philosophy.
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| Subjects: |
Table of Contents:
- 1. The coercion thesis
- 2. Methodology and the nature of law
- 3. A prima facie case for the coercion thesis: Sanctions as a paradigmatic feature of municipal law
- 4. What law must be able to do: The coercion thesis and the need to keep the peace
- 5. Three conceptual problems of legal normativity: the logical space of reasons
- 6. The coercion thesis and the how problem of legal normativity
- 7. The coercion thesis and the order problem of legal normativity
- 8. The coercion these and the content problem of legal normativity
- 9. Coercive sanctions and international law
- 10. Can there be law in a society of angels?