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May 16, 2021 · We say that a legal system is coercive when “there are laws which provide for the use or application of coercive measures” (Lamond 2000, 41). But we also say that a legal system is coercive when the effects of its laws, institutions, and features are coercive (ibid.). Though helpful, this distinction still overlooks a fundamental point.
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76 Lucas Miotto 22 The Authors. Ratio Juris published by the...
- Law and Coercion
sions about the relationship between law and coercion, one...
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Dec 16, 2023 · Nevertheless, the problem of legal normativity is broader than the problem of whether law is, as a conceptual matter, coercive. Theories of legal normativity are concerned to identify the distinctive normative force that law as such has (or should have).
- himma@uw.edu
In legal cultures where an attitude of respect for the law is not sufficiently widespread, lawmakers are often pushed to the belief that the law must employ coercive means to bring about changes in behavior. This short paper explores the relationship between law and coercion by using the example of a legislation from India.
- Ekow Yankah
Mar 1, 2000 · This article seeks to contribute to the debate about the justifiable grounds for legal coercion by clarifying the ways in which law is coercive and demonstrating that coerciveness is a highly complex phenomenon.
- G Lamond
- 2000
This chapter provides a discussion on the widely held view that law — positive law — is essentially coercive. It offers an analysis of the concept of coercion, and then discusses the questions of whether law does actually, and whether law must tautologically, involve coercion in any of the senses analysed. This chapter starts by reflecting ...
The main issue in this chapter concerns the place of coercion in a social amount of law. Keywords: coercion, forms of law, sovereign state, legal systems, institutions, structures. Collection: Oxford Scholarship Online.
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The question of whether coercion is a necessary or contingent feature of governance by law is a historically complex aspect of a venerable 'modalist' trend in jurisprudential thinking.
