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The Good, The Bad, and the Puzzled: Coercion and Compliance

In Jorge Luis Fabra Zamora & Gonzalo Villa Rosas (eds.), Conceptual Jurisprudence: Methodological Issues, Conceptual Tools, and New Approaches. (2021)

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  1. From Angels to Humans: Law, Coercion, and the Society of Angels Thought Experiment.Lucas Miotto - 2020 - Law and Philosophy 40 (3):277-303.
    Whether legal systems are necessarily coercive raises normative concerns. Coercion carries a presumption of illegitimacy and a special justificatory burden. If legal systems are necessarily coercive, coerciveness necessarily taints our legal institutions. Traditionally, legal systems have been regarded as contingently coercive. This view is mainly supported by the society of angels thought experiment. For the past few years, however, this traditional view has been under attack. Critics have challenged the reliability of the thought experiment and have urged us to centre (...)
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  • Law and Coercion: Some Clarification.Lucas Miotto - 2021 - Ratio Juris 34 (1):74-87.
    The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue (...)
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