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The Force of Law / Frederick Schauer.

By: Material type: TextTextPublisher: Cambridge, MA : Harvard University Press, [2015]Copyright date: ©2014Edition: Pilot project. eBook available to selected US libraries onlyDescription: 1 online resource (256 p.)Content type:
Media type:
Carrier type:
ISBN:
  • 9780674736191
Subject(s): Other classification:
  • online - DeGruyter
Online resources:
Contents:
Frontmatter -- Contents -- Preface -- A Note about the Notes -- 1. Introduction: The Force of Law -- 2. Bentham’s Law -- 3. The Possibility and Probability of Noncoercive Law -- 4. In Search of the Puzzled Man -- 5. Do People Obey the Law? -- 6. Are Officials above the Law? -- 7. Coercing Obedience -- 8. Of Carrots and Sticks -- 9. Coercion’s Arsenal -- 10. Awash in a Sea of Norms -- 11. The Differentiation of Law -- Notes -- Index
Summary: 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. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.
Holdings
Item type Current library Call number URL Status Notes Barcode
eBook eBook Biblioteca "Angelicum" Pont. Univ. S.Tommaso d'Aquino Nuvola online online - DeGruyter (Browse shelf(Opens below)) Online access Not for loan (Accesso limitato) Accesso per gli utenti autorizzati / Access for authorized users (dgr)9780674736191

Frontmatter -- Contents -- Preface -- A Note about the Notes -- 1. Introduction: The Force of Law -- 2. Bentham’s Law -- 3. The Possibility and Probability of Noncoercive Law -- 4. In Search of the Puzzled Man -- 5. Do People Obey the Law? -- 6. Are Officials above the Law? -- 7. Coercing Obedience -- 8. Of Carrots and Sticks -- 9. Coercion’s Arsenal -- 10. Awash in a Sea of Norms -- 11. The Differentiation of Law -- Notes -- Index

restricted access online access with authorization star

http://purl.org/coar/access_right/c_16ec

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. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.

Mode of access: Internet via World Wide Web.

In English.

Description based on online resource; title from PDF title page (publisher's Web site, viewed 01. Dez 2022)