Abstract

The relationship between law and coercion has always been a highly controversial topic in contemporary legal philosophy. After an initial phase in which there was a strong consensus on its essential importance for law, an apparent consensus on the exact opposite has emerged in the last decades. In recent years, however, several important publications have reignited the debate. They criticise the latter position and argue strongly in favour of considering coercion as a necessary or relevant property of law, as well as propose new ways to approach the debate and conceive the relevant question. The aim of this chapter is to contribute to the revitalised debate by arguing for the importance of coercion both for the existence of law and for the function(s) of law. I will argue that if law is seen as a tool or artefact, the fulfilment of its function(s) depends both on its existence and on its possession of a certain property that enables the achievement of that end. I will then show how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to law, and that it is necessary to ensure the existence of a community. Finally, even if this argument fails, I will show that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s). I will argue that this is the case for most of the possible functions of law, especially those related to behaviour-guidance and coordination-solving. I will proceed as follows. In section 2, I will address some useful definitions of coercion and law and offer some insights into the view of law as an artefact and the functions ascribed to it. In section 3, I will set out some general theoretical positions on the relationship between coercion and law that will help to frame the content of the arguments that follow in the next section. In section 4, I will analyse the role and significance of coercion for the existence of legal systems (4.1) and for the function of legal systems (4.2). Finally, in section 5, I will offer some concluding remarks.