"A rule-governed gunman writ large?" The role of coercion in The Concept of Law
Journal title SOCIOLOGIA DEL DIRITTO
Author/s Anna Pintore
Publishing Year 2011 Issue 2011/2 Language Italian
Pages 20 P. 7-26 File size 317 KB
DOI 10.3280/SD2011-002001
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Many theorists assume that Herbert Hart, in his critiques of Austin and Kelsen, demonstrated compellingly that coercion is no essential character of law and that, therefore, this notion has no interest for legal philosophers. Against this common assumption, professor Pintore holds that coercion should be still looked at as a basic item for the philosophy of law. She shows that in The Concept of Law coercion does play a crucial law in three points: (i) the analysis of rules, as well as of social, moral and legal obligations, (ii) the vision of legal systems as consisting of both primary and secondary rules, and (iii) the idea of the minimum content of natural law.
Keywords: H.L.A. Hart, Coercion, Sanction, Legal positivism, J. Austin, H. Kelsen
Anna Pintore, "A rule-governed gunman writ large?" Il posto della coercizione in <i>The Concept of Law</i> in "SOCIOLOGIA DEL DIRITTO " 2/2011, pp 7-26, DOI: 10.3280/SD2011-002001