00000nam a2200000 i 4500 UP-1686042739784993710 Buklod 20241203151817.0 a r ||| u| ta 241119s2020 enk u eng c 0198854935 (eBook) 9780198854937 (eBook) 21338878 DLC DLAW rda eng K 579 D8 H56 2020eb Himma, Kenneth Einar author. Coercion and the nature of law Kenneth Einar Himma. Electronic resources. Oxford, United Kingdom New York, NY Oxford University Press 2020. 1 online resource (xiii, 273 pages) 24 cm. text txt rdacontent computer rdamedia online resource nc rdacarrier Oxford legal philosophy Includes bibliographical references and index. 1. The coercion thesis -- 2. Methodology and the nature of law -- 3. A prima facie case for the coercion thesis: Sanctions as a paradigmatic feature of municipal law -- 4. What law must be able to do: The coercion thesis and the need to keep the peace -- 5. Three conceptual problems of legal normativity: the logical space of reasons -- 6. The coercion thesis and the how problem of legal normativity -- 7. The coercion thesis and the order problem of legal normativity -- 8. The coercion these and the content problem of legal normativity -- 9. Coercive sanctions and international law -- 10. Can there be law in a society of angels? The Coercion Thesis has been a subject of longstanding debate, but legal positivist scholarship over the last several decades has concluded that coercion is not necessary for law. Coercion and the Nature of Law is concerned with reviving the Coercion Thesis, presenting a strong case for the inherently coercive nature of legal regulation, and arguing that anything properly characterized as a legal system must back legal norms prohibiting breaches of the peace with the threat of a coercive sanction. Himma presents the argument that people are self-interested beings who must compete in a world of scarcity for everything they need to survive and thrive. The need to compete for resources naturally leads to conflict that can breach the peace, and threatens the ability to live together in a community and reap the social benefits of cooperation. Law only functions as a system if it can maintain the peace enough for community to continue, and thus systems of law cannot succeed in doing anything that we want systems of law to do unless they back laws prohibiting violent assaults on persons or property with the threat of punishment; without sanctions, we would descend into something resembling a condition of war-of-all-against-all. We adopt coercive systems of regulation precisely to avoid having to live under such conditThe.0The book is divided into three parts: (1) a prima facie logical-empirical case for the Coercion Thesis, (2) a study of the "society of angels" and international law counterexamples, and why they do not refute the thesis, and (3) an analysis of how law guides behaviour and the implications of the Coercion Thesis on reasons for acGoingGoing against the current conventional wisdom in legal philosophy, Himma makes a systematic defence of the Coercion Thesis arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems. Duress (Law) Electronic books. Oxford legal philosophy. https://doi.org/10.1093/oso/9780198854937.001.0001 click here to access Available to all UP Students University of the Philippines, College of Law FO UPD DLAW K 579 D8 H56 2020 Electronic Resource