Coercion, function, and the “why” of law: Comments on kenneth einar himma’s coercion and the nature of law

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Abstract

In Coercion and the Nature of Law, Kenneth Einar Himma offers a methodical analysis of the role of coercion in understanding the nature of law. Himma’s work combines conceptual analysis, artifact theory, and functional analysis, ultimately concluding that for a social system to be “law” it must include coercive sanctions. The present article offers an overview of Himma’s arguments, ultimately focusing on the discussion about law’s function. In considering the problem of law’s function, the article contrasts Himma’s view with the views of John Finnis and Mark Greenberg.

Original languageEnglish (US)
Pages (from-to)1-8
Number of pages8
JournalRevus
Issue number45
StatePublished - 2021

Bibliographical note

Publisher Copyright:
© 2021.

Keywords

  • Coercion
  • Conceptual analysis
  • Finnis (John)
  • Functional analysis
  • Greenberg (Mark)
  • Sanction

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