In this essay, the Author aim 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 intend to develop a critique of Schauer’s theses that is not merely theoretical, but sociological as well. 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.
In praise of the weakness of law. A response to Schauer / M.A. QUIROZ VITALE. - In: SOCIETÀ E DIRITTI. - ISSN 2531-6710. - 1:1(2016 Jun), pp. 31-57. [10.13130/2531-6710/7832]
In praise of the weakness of law. A response to Schauer
M.A. QUIROZ VITALE
2016
Abstract
In this essay, the Author aim 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 intend to develop a critique of Schauer’s theses that is not merely theoretical, but sociological as well. 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.File | Dimensione | Formato | |
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