There are many historical concerns about freedom that have come to be deemphasized in the free will literature itself—for instance, worries around the tyranny of government or the alienation of capitalism. It is hard to see how the current free will literature respects these, or indeed how they could even find expression. This paper seeks to show how these and other concerns can be reintegrated into the debate by appealing to a levels ontology. Recently, Christian List and others have considered (...) how the notion of levels could be relevant to the free will debate. Invariably, however, the focus is on the significance of facts at lower levels. The threats come from below, from fundamental physics or neuroscience. Here, I aim to show how we can frame many interesting concerns about free will in terms of threats from above. After arguing that determination from above is no less threatening, I catalogue such concerns that might constitute threats to our freedom. Doing this not only allows us to show how these concerns relate to those standardly discussed, but it pushes us to expand our conception of freedom. (shrink)

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 (...) that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for Kelsen coercion (...) is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)