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1. • • Law is regarded as coercive because there is provision for and the means by which it can be, and regularly is, enforced-by the courts, by the police, by sheriffs and bailiffs, by debt collectors, by wheel clampers. This often results in people complying with the law when they would not otherwise do so.
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     The Coerciveness of Law - JSTOR

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   When is a legal system coercive?

   • 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.

   Law and Coercion: Some Clarification - Miotto - 2021 - Ratio Juris

   onlinelibrary.wiley.com/doi/10.1111/raju.12302

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   Is law coercive?

   • Towards the end I argue that the strict reading should be prioritised, as discussions about it are both clearer and philosophically more interesting. In a sense, the claim that law is coercive, and its counterparts, are about whether law depends on coercion. But there are different ways in which something can depend on something else.

   Law and Coercion: Some Clarification - Miotto - 2021 - Ratio Juris

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   Are legal systems based on facts about coercion?

   • At first sight, it is consistent to claim that even though coercion is rooted in our ordinary concept of legal system, legal systems are not ontologically dependent on facts about coercion. But some philosophers would disagree.

   Law and Coercion: Some Clarification - Miotto - 2021 - Ratio Juris

   onlinelibrary.wiley.com/doi/10.1111/raju.12302

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   What is a coercive enforcement mechanism?

   • The use of coercive enforcement mechanisms in law is one of law’s most conspicuous features. The norms of the criminal law, for example, are typically backed by the threat of state punishment.

   Coercion and Law | SpringerLink

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   Are legal systems coercive?

   • Consider the discussion pursued by Frederick Schauer ( 2015 ), who is a clear example of someone who reads “coercive” in the broad sense. 23 Schauer ( 2015, 128) defends that legal systems are coercive and by that he means that they “mak [e] us do things that we do not want to do or not do things that we do want to do.”

   Law and Coercion: Some Clarification - Miotto - 2021 - Ratio Juris

   onlinelibrary.wiley.com/doi/10.1111/raju.12302

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   Is a system coercive?

   • According to him, a system is coercive only “if either its predominant effects or its chief means of operation impose major restrictions on fundamental human freedoms” (ibid., 84). Thus, having sanction s in place is not sufficient for a system to be coercive in the strict sense. But here is the relevant passage from Hart (quoted by Oberdiek):

   Law and Coercion: Some Clarification - Miotto - 2021 - Ratio Juris

   onlinelibrary.wiley.com/doi/10.1111/raju.12302

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3. onlinelibrary.wiley.com › doi › 10Law and Coercion: Some Clarification - Miotto - 2021 - Ratio ...

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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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   • Law and Coercion

     sions about the relationship between law and coercion, one...

4. academic.oup.com › book › 6220Law and Coercion | Law in Modern Society | Oxford Academic

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   In unravelling the association between law and coercion, let us begin with the general idea that a modern, municipal legal system is, in a general sense, based on coercion, by which I mean: (i) that laws of whatever kind are generally (but not invariably) linked to enforcement processes of a coercive kind (whether or not the processes are ...

5. link.springer.com › referenceworkentry › 10Coercion and Law - SpringerLink

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   Dec 16, 2023 · One important task of legal theory, on his view, is to explain the central role of coercion to legal practice. Like Schauer, Leslie Green attempts to find a theoretically significant role for coercion in theorizing about law but, unlike Schauer, finds one in the conceptual theory of law.

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6. www.jstor.org › stable › pdfThe Coerciveness of Law - JSTOR

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   Coerciveness is popularly attributed to the law for two reasons: because of. existence of laws authorizing the use of physical force, and because of. existence of those prescribing sanctions. It is tempting to think that these types of coerciveness are in fact one, though for conflicting reasons.

7. openscholarship.wustl.edu › cgi › viewcontentIs Coercion Necessary for Law? The Role of Coercion in ...

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   I will begin by providing an overview of the main positions and arguments on this issue. In the second part, I will challenge the assumption that coercive enforcement is central and necessary for law by supporting H.L.A. Hart’s argument against John Austin’s command theory of law.

   • Author: Sandra Raponi

   • Publish Year: 2015

8. www.cambridge.org › core › elementsThe Place of Coercion in Law - Cambridge University Press ...

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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.

9. www.cambridge.org › core › journalsIs Law Coercive? | Legal Theory | Cambridge Core

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   Feb 13, 2009 · That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum.