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Conceptual JurisprudenceThe Good, the Bad, and the Puzzled: Coercion and Compliance

Conceptual Jurisprudence: The Good, the Bad, and the Puzzled: Coercion and Compliance [The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance),” which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in Sect. 2. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In Sect. 3, I claim that an alternative and more refined formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Conceptual JurisprudenceThe Good, the Bad, and the Puzzled: Coercion and Compliance

Part of the Law and Philosophy Library Book Series (volume 137)
Editors: Fabra-Zamora, Jorge Luis; Villa Rosas, Gonzalo
Miotto, Lucas
Conceptual Jurisprudence — Sep 2, 2021
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References (70)

Publisher
Springer International Publishing
Copyright
© Springer Nature Switzerland AG 2021
ISBN
978-3-030-78802-5
Pages
111 –129
DOI
10.1007/978-3-030-78803-2_7
Publisher site
See Chapter on Publisher Site

Abstract

[The assumption that coercion is largely responsible for our legal systems’ efficacy is a common one. I argue that this assumption is false. But I do so indirectly, by objecting to a thesis I call “(Compliance),” which holds that most citizens comply with most legal mandates most of the time at least partly in virtue of being motivated by legal systems’ threats of sanctions and other unwelcome consequences. The relationship between (Compliance) and the efficacy of legal systems is explained in Sect. 2. There I also show that (Compliance) must be rejected for it relies on unsubstantiated empirical assumptions. In Sect. 3, I claim that an alternative and more refined formulation of (Compliance) also lacks adequate support. I conclude with a few general remarks about the centrality of coercion in our thought and talk about legal systems.]

Published: Sep 2, 2021

Keywords: Coercion; Compliance; Obedience; Efficacy; Practical difference; General jurisprudence

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