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Preface; Contents; Contributors; Bibliographical Note; Thematic Bibliography; 1 Introduction: Why (Ever) Define Law and How to Do It; Abstract; 1 The Domestic Assumption and the Process of Law Differentiation; 2 How to Define Law; 3 From Non-state Law to Soft Law; 3.1 Self-regulations; 3.2 Cooperation Beyond the State; 3.3 Soft Law and International Law; 4 Conclusion; References; 2 Bad for Good: Perspectives on Law and Force; Abstract; 1 Introduction: Full House; 2 Family Ties; 3 Breaking Bad; 4 Angels and Demons; 5 Law and Order; 6 Conclusion: Bad Man Returns; Acknowledgments; References
3 Coercion and the Normativity of Law: Some Critical Remarks on Frederick Schauer's The Force of LawAbstract; 1 Introduction; 2 Schauer and the Normativity of Law; 3 The Possibility of Non-coercive Laws and the Search for the Puzzled Man; 4 Obedience to the Law and the Foundations of Legal Authority; 4.1 On Schauer's Conception of Law; 4.2 On the Social Character of Legal Norms; 4.3 On the Moral Foundations of Legal Authority and the Obligations of Legal Officials; 4.4 Individuals and the Normativity of Law; 5 Conclusion; Acknowledgments; References
4 Supporting The Force of Law: A Few Complementary Arguments Against Essentialist JurisprudenceAbstract; 1 Introduction; 2 How to Get Rid of Essentialist Jurisprudence 1: Essentialists' False Pedigree; 2.1 Hart's Meta-Theory Takes a Radically Anti-essentialist Stance; 2.2 Hart's Legal Theory Does not Belittle the Role of Coercion in the Social Phenomenon of Law; 3 How to Get Rid of Essentialist Jurisprudence 2: Essentialists' Wrong Track; 3.1 The Benthamite Argument; References; 5 Coercion and Sanctions as Elements of Normative Systems; Abstract; 1 Introduction
2 Rules, Legal and Social Norms3 The Role of Coercion Within Continental Legal Systems and Common Law; 3.1 The Definition of Coercion; 3.2 The Continental View of Hans Kelsen and Norberto Bobbio; 3.3 Norberto Bobbio; 3.4 Frederick Schauer: Coercion as Force of Law; 4 Conclusion; References; 6 Forceful Law; Abstract; References; 7 The Force of Law: Law and Coercion, Validity and Effectiveness, and Synergy; Abstract; 1 Law and Coercion; 2 Coercion Is Generally or by Default Part of the Law; 3 Coercion May Occasionally not Be Part of the Law: Coercion Sensu Stricto; 4 Motivation
5 Coercion and Force6 It Is a Matter of Synergy; not of Counting; 7 Validity or Logical Existence; 8 Effectiveness or Factual Existence; 9 Validity and Effectiveness: Synergy; 10 Conclusion; References; 8 Does Law Without Force Exist?; Abstract; 1 Family Resemblance?; 2 Reality; 3 Objections; 4 Reasons; 5 Rationality; 6 Conclusion; References; 9 Schauer on the Differentiation of Law; Abstract; 1 Introduction; 2 The Gunman; 3 Stateless Law; 4 Coercion, Differentiation, and the State; 5 Monopolistic Coercion; Acknowledgments; References; 10 Incomplete Responses
3 Coercion and the Normativity of Law: Some Critical Remarks on Frederick Schauer's The Force of LawAbstract; 1 Introduction; 2 Schauer and the Normativity of Law; 3 The Possibility of Non-coercive Laws and the Search for the Puzzled Man; 4 Obedience to the Law and the Foundations of Legal Authority; 4.1 On Schauer's Conception of Law; 4.2 On the Social Character of Legal Norms; 4.3 On the Moral Foundations of Legal Authority and the Obligations of Legal Officials; 4.4 Individuals and the Normativity of Law; 5 Conclusion; Acknowledgments; References
4 Supporting The Force of Law: A Few Complementary Arguments Against Essentialist JurisprudenceAbstract; 1 Introduction; 2 How to Get Rid of Essentialist Jurisprudence 1: Essentialists' False Pedigree; 2.1 Hart's Meta-Theory Takes a Radically Anti-essentialist Stance; 2.2 Hart's Legal Theory Does not Belittle the Role of Coercion in the Social Phenomenon of Law; 3 How to Get Rid of Essentialist Jurisprudence 2: Essentialists' Wrong Track; 3.1 The Benthamite Argument; References; 5 Coercion and Sanctions as Elements of Normative Systems; Abstract; 1 Introduction
2 Rules, Legal and Social Norms3 The Role of Coercion Within Continental Legal Systems and Common Law; 3.1 The Definition of Coercion; 3.2 The Continental View of Hans Kelsen and Norberto Bobbio; 3.3 Norberto Bobbio; 3.4 Frederick Schauer: Coercion as Force of Law; 4 Conclusion; References; 6 Forceful Law; Abstract; References; 7 The Force of Law: Law and Coercion, Validity and Effectiveness, and Synergy; Abstract; 1 Law and Coercion; 2 Coercion Is Generally or by Default Part of the Law; 3 Coercion May Occasionally not Be Part of the Law: Coercion Sensu Stricto; 4 Motivation
5 Coercion and Force6 It Is a Matter of Synergy; not of Counting; 7 Validity or Logical Existence; 8 Effectiveness or Factual Existence; 9 Validity and Effectiveness: Synergy; 10 Conclusion; References; 8 Does Law Without Force Exist?; Abstract; 1 Family Resemblance?; 2 Reality; 3 Objections; 4 Reasons; 5 Rationality; 6 Conclusion; References; 9 Schauer on the Differentiation of Law; Abstract; 1 Introduction; 2 The Gunman; 3 Stateless Law; 4 Coercion, Differentiation, and the State; 5 Monopolistic Coercion; Acknowledgments; References; 10 Incomplete Responses