The force of law as a social problem

In this paper, the author aims to respond to the urgings in the book “The Force of Law” by Frederick Schauer breaking from the paradigm of analytical jurisprudence, insofar as the University of Virginia philosopher states having found sociological bases for his own logical/reconstructive architecture. The author, on the one hand, intend to develop a critique of Schauer’s approach that is not merely theoretical, but sociological as well; on another hand, Hart’s thesis on force in law—strongly criticized by contemporary analytical philosophers—is not therefore rebuffed by sociological analysis but somehow finds confirmation. In a nutshell, whether the use of force is sociologically necessary to control isolated resistance to the rules shared by the majority, or to reinforce a law, that aims to trigger necessary social change, but such a strong limitation of human freedom must be justified; and this legitimacy can only derive from the need for Justice