书目名称 | The Force of Law Reaffirmed |
副标题 | Frederick Schauer Me |
编辑 | Christoph Bezemek,Nicoletta Ladavac |
视频video | http://file.papertrans.cn/910/909838/909838.mp4 |
概述 | Presents a wealth of different perspectives on the essential questions raised by the Concept of Law.Includes discussions of Frederick Schauer’s original position and his reply.Ensures coherence as wel |
丛书名称 | Law and Philosophy Library |
图书封面 |  |
描述 | .This book examines the success of Frederick Schauer’s efforts to reclaim force as a core element of a general concept of law by approaching the issue from different legal traditions and distinct perspectives. In discussing Schauer’s main arguments, it contributes to answering the question whether force, sanctions and coercion should (or should not) be regarded as necessary elements of the concept of law, and whether legal philosophy should be concerned at all (or exclusively) with necessary or essential properties..While it was long assumed that legal norms are essentially defined by their force, it was H.L.A. Hart who raised doubts about whether law and coercion are necessarily connected, referring to the empowering, or more generally enabling, character exhibited by some legal norms. Prominent scholars following and refining Hart’s argument built an influential case for excluding force as a necessary element of the concept of law. Most recently, however, Frederick Schauer has made a strong case to reaffirm the force of law, shedding new light on this essential question. This book collects important commentaries, never before published, by prominent legal philosophers evaluating |
出版日期 | Book 2016 |
关键词 | Force of Law; H; L; A; Hart; Excluding Force and Coercion; Essential Properties of Law; Reclaim Force as a |
版次 | 1 |
doi | https://doi.org/10.1007/978-3-319-33987-0 |
isbn_softcover | 978-3-319-81648-7 |
isbn_ebook | 978-3-319-33987-0Series ISSN 1572-4395 Series E-ISSN 2215-0315 |
issn_series | 1572-4395 |
copyright | Springer International Publishing Switzerland 2016 |