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  1. The Enforcement Approach to Coercion.Scott A. Anderson - 2010 - Journal of Ethics and Social Philosophy 5 (1):1-31.
    This essay differentiates two approaches to understanding the concept of coercion, and argues for the relative merits of the one currently out of fashion. The approach currently dominant in the philosophical literature treats threats as essential to coercion, and understands coercion in terms of the way threats alter the costs and benefits of an agent’s actions; I call this the “pressure” approach. It has largely superseded the “enforcement approach,” which focuses on the powers and actions of the coercer rather than (...)
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  • Law and the Entitlement to Coerce.Robert C. Hughes - 2013 - In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical foundations of the nature of law. Oxford, United Kingdom: Oxford University Press. pp. 183.
    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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  • Is Law Coercive?William A. Edmundson - 1995 - Legal Theory 1 (1):81-111.
    That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.
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  • Is Law Coercive?William A. Edmundson - 1995 - Legal Theory 1 (1):81-111.
    That lawiscoercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.
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  • The Authority of Law.Alan R. White & J. Raz - 1980 - Philosophical Quarterly 30 (120):278.
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  • Was Austin right after all? On the role of sanctions in a theory of law.Frederick Schauer - 2010 - Ratio Juris 23 (1):1-21.
    In modern jurisprudence it is taken as axiomatic that John Austin's sanction-based account of law and legal obligation was demolished in H.L.A. Hart's The Concept of Law, but Hart's victory and the deficiencies of the Austinian account may not be so clear. Not only does the alleged linguistic distinction between being obliged and having an obligation fail to provide as much support for the idea of a sanction-independent legal obligation as is commonly thought, but the soundness of Hart's claims, as (...)
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  • Review of Frederick F. Schauer: Playing by the rules: a philosophical examination of rule-based decision-making in law and in life[REVIEW]Eric Rakowski - 1993 - Ethics 103 (4):828-830.
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  • Authority and Coercion.Arthur Ripstein - 2004 - Philosophy and Public Affairs 32 (1):2-35.
    I am grateful to Donald Ainslie, Lisa Austin, Michael Blake, Abraham Drassinower, David Dyzenhaus, George Fletcher, Robert Gibbs, Louis-Philippe Hodgson, Sari Kisilevsky, Dennis Klimchuk, Christopher Morris, Scott Shapiro, Horacio Spector, Sergio Tenenbaum, Malcolm Thorburn, Ernest Weinrib, Karen Weisman, and the Editors of Philosophy & Public Affairs for comments, and audiences in the UCLA Philosophy Department and Columbia Law School for their questions.
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  • Practical Reason and Norms.C. H. Whiteley - 1976 - Philosophical Quarterly 26 (104):287-288.
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  • Sanction and obligation in Hart's theory of law.Danny Priel - 2008 - Ratio Juris 21 (3):404-411.
    Abstract. The paper begins by challenging Hart's argument aimed to show that sanctions are not part of the concept of law. It shows that in the "minimal" legal system as understood by Hart, sanctions may be required for keeping the legal system efficacious. I then draw a methodological conclusion from this argument, which challenges the view of Hart (and his followers) that legal philosophy should aim at discovering some general, politically neutral, conceptual truths about law. Instead, the aim should be (...)
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  • Law as Command: The Model of Command in Modern Jurisprudence.Gerald J. Postema - 2001 - Philosophical Issues 11 (1):470-501.
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  • Social Conventions: From Language to Law: From Language to Law.Andrei Marmor - 2009 - Princeton University Press.
    Social conventions are those arbitrary rules and norms governing the countless behaviors all of us engage in every day without necessarily thinking about them, from shaking hands when greeting someone to driving on the right side of the road. In this book, Andrei Marmor offers a pathbreaking and comprehensive philosophical analysis of conventions and the roles they play in social life and practical reason, and in doing so challenges the dominant view of social conventions first laid out by David Lewis. (...)
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  • Index.Andrei Marmor - 2009 - In Social Conventions: From Language to Law. Princeton University Press. pp. 183-186.
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  • Coercion and the nature of law.Grant Lamond - 2001 - Legal Theory 7 (1):35-57.
    It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based upon the laws (...)
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  • The Judicial Community.Christopher Kutz - 2001 - Philosophical Issues 11 (1):442-469.
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  • General Theory of Law and State.Milton R. Konvitz - 1947 - Philosophical Review 56 (2):221.
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  • Review of Ronald Dworkin: Freedom's Law: The Moral Reading of the American Constitution[REVIEW]Maimon Schwarzschild - 1998 - Ethics 108 (3):597-600.
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  • The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.
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  • The Limits of Jurisprudence Defined. Being Part Two of an Introduction to the Principles of Morals and Legislation. [REVIEW]Edwin N. Garlan - 1945 - Journal of Philosophy 42 (22):607-615.
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  • Practical Reason and Norms.Joseph Raz - 1975 - Law and Philosophy 12 (3):329-343.
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  • Politics as a vocation.Max Weber - unknown
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  • The Authority of Law.Joseph Raz - 1981 - Ethics 91 (3):516-519.
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  • Coercion.Robert Nozick - 1969 - In White Morgenbesser (ed.), Philosophy, Science, and Method: Essays in Honor of Ernest Nagel. St Martin's Press. pp. 440--72.
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  • In Defense of Legal Positivism: Law without Trimmings.Matthew Kramer - 2000 - Philosophical Quarterly 50 (200):422-425.
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