2021•Ratio JurisOpen access

Law and Coercion: Some Clarification

Lucas Miotto

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Abstract

Abstract The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised.

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What this paper is about

Abstract The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised.

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Available abstract

Abstract The relationship between law and coercion has been, and still is, a central topic in legal philosophy. Despite this, discussion about it is immersed in confusion. Some philosophers have noticed this, but hardly any work has been done to attempt to solve or even identify the confusions. This paper aims to fill this gap. Here I propose distinctions and qualifications that help us clarify the relationship between law and coercion and avoid confusion. Building on the clarificatory work, I then argue that despite there being several distinct philosophical discussions about the relationship between law and coercion, one of them should be prioritised.

Key concepts: Coercion (linguistics), Confusion, Work (physics), Philosophy of law, Law, Epistemology, Sociology, Political science

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