Law and the Entitlement to Coerce

In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183 (2013)
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Abstract

Many assume that whenever government is entitled to make a law, it is entitled to enforce that law coercively. I argue that the justification of legal authority and the justification of governmental coercion come apart. Both in ideal theory and in actual human societies, governments are sometimes entitled to make laws that they are not entitled to enforce coercively.

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Robert C. Hughes
Rutgers Business School–Newark and New Brunswick

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