Free Ebook The Force of Law
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The Force of Law
Free Ebook The Force of Law
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Review
Modern jurisprudence has been devoted to a search for law’s necessary and sufficient conditions and has downgraded the importance of coercion, which is neither. However, Fred Schauer makes a convincing case for coercion’s importance in understanding law and legal phenomena. His treatment of the topic is erudite, comprehensive, rigorous, and even witty, and it is delivered in a superb writing style. (Lawrence A. Alexander, University of San Diego School of Law)The Force of Law has the virtues of all of Schauer’s work: clear and accessible writing, the grounding of persuasive arguments on good examples and a wide range of scholarship, and fair consideration of opposing views. It is an important contribution to jurisprudential debates about the nature of law and about the proper approach to theorizing in this area. (Brian H. Bix, University of Minnesota Law School)Drawing upon language, moral, sociological, and economic theory, Schauer explores what makes legal norms unique and why and under what conditions individuals truly obey the law. He asserts that although coercion may not be the only reason people obey the law, often getting individuals to act in ways they would not normally act requires some type of force. This force need not necessarily be negative coercion as normally conceived but can involve an array of sanctions to condition behavior in specific ways. (D. Schultz Choice)
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About the Author
Frederick Schauer is David and Mary Harrison Distinguished Professor of Law at the University of Virginia.
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Product details
Hardcover: 256 pages
Publisher: Harvard University Press (February 10, 2015)
Language: English
ISBN-10: 0674368215
ISBN-13: 978-0674368217
Product Dimensions:
6.2 x 1 x 9.5 inches
Shipping Weight: 1.1 pounds (View shipping rates and policies)
Average Customer Review:
4.6 out of 5 stars
3 customer reviews
Amazon Best Sellers Rank:
#1,100,008 in Books (See Top 100 in Books)
A comprehensive look at the role of coercion in law, the history of its philosophical treatment, and the possibility that its importance has been minimized by 20th century theorists whose view of law is, perhaps, too idealized and/or too essentialist. Reading this inspired me to order an old copy of H.L.A. Hart's *The Concept of Law* -- to which Schauer's book is largely a reaction. Have not yet had a chance to dig into that and examine some of the ideas to which Schauer is responding. While I found Schauer's book to be a very interesting read, there were times when I felt the author had a tendency to belabor his conclusions; he may have been able to say as much in fewer words. In the end, the book succeeds, because the author make a persuasive argument that coercion is an important factor in what makes law what it is.
Professor Schauer is so prolific that one can easily undervalue his work. This book is a lucid explanation of the state of legal theory. Probably only a good read only for those who want to think deeply about the way the law works. Given the 2014 Term of the Supreme Court such thoughts are timely. Schauer writes very readable prose, it is not beach reading but it is well-crafted.
Excellent. A new approach to the problem of the reasons why people obey the Law
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