The Nature of Law and Potential Coercion

This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coerci...

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Bibliographic Details
Published in:Ratio juris 2020-06, Vol.33 (2), p.223-240
Main Author: Woodbury‐Smith, Kara
Format: Article
Language:English
Subjects:
Law
Morality
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Summary:This paper argues for a novel understanding of the relationship between law and coercion. It firstly refutes Kenneth Himma’s claim that the authorisation of coercive enforcement mechanisms is a conceptually necessary feature of law. It then claims that the best way to understand the law is as coercion‐apt. The “coercion‐aptness” of law is clarified, in part, by appealing to an essential distinction between law and morality: Whereas it can be reasonable for the law to appeal to coercive means in order to motivate compliance, it seems decidedly unreasonable for morality to do so.
ISSN:0952-1917
1467-9337
DOI:10.1111/raju.12288