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The Force of Law
Language:
English
Published/Copyright:
2014
About this book
Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules.
Author / Editor information
Schauer Frederick :
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia.
Reviews
Modern jurisprudence has been devoted to a search for law’s necessary and sufficient conditions and has downgraded the importance of coercion, which is neither. However, Fred Schauer makes a convincing case for coercion’s importance in understanding law and legal phenomena. His treatment of the topic is erudite, comprehensive, rigorous, and even witty, and it is delivered in a superb writing style.
-- Lawrence A. Alexander, University of San Diego School of Law
-- Lawrence A. Alexander, University of San Diego School of Law
The Force of Law has the virtues of all of Schauer’s work: clear and accessible writing, the grounding of persuasive arguments on good examples and a wide range of scholarship, and fair consideration of opposing views. It is an important contribution to jurisprudential debates about the nature of law and about the proper approach to theorizing in this area.
-- Brian H. Bix, University of Minnesota Law School
-- Brian H. Bix, University of Minnesota Law School
Drawing upon language, moral, sociological, and economic theory, Schauer explores what makes legal norms unique and why and under what conditions individuals truly obey the law. He asserts that although coercion may not be the only reason people obey the law, often getting individuals to act in ways they would not normally act requires some type of force. This force need not necessarily be negative coercion as normally conceived but can involve an array of sanctions to condition behavior in specific ways.
-- D. Schultz Choice
-- D. Schultz Choice
Topics
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Frontmatter
i -
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Contents
vii -
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Preface
ix -
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A Note about the Notes
xiii -
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1. Introduction: The Force of Law
1 -
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2. Bentham’s Law
11 -
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3. The Possibility and Probability of Noncoercive Law
23 -
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4. In Search of the Puzzled Man
43 -
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5. Do People Obey the Law?
57 -
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6. Are Officials above the Law?
75 -
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7. Coercing Obedience
93 -
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8. Of Carrots and Sticks
110 -
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9. Coercion’s Arsenal
124 -
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10. Awash in a Sea of Norms
140 -
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11. The Differentiation of Law
154 -
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Notes
171 -
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Index
235
Publishing information
Pages and Images/Illustrations in book
eBook published on:
February 10, 2015
eBook ISBN:
9780674736191
Edition:
Pilot project. eBook available to selected US libraries only
Pages and Images/Illustrations in book
Main content:
256
eBook ISBN:
9780674736191
Audience(s) for this book
College/higher education;Professional and scholarly;
