Abstract
This paper addresses an important problem in modem legal philosophy: the problem of identifying the proper role of the concept of coercion in a general theory of the nature of law. The present state of philosophical art on this topic is the legacy of difficulties arising from a naive positivism - generally thought to have over-emphasized the role of coercive power. The resulting reaction in modem jurisprudence against the focus upon coercion reflects a failure to come to grips fully with the underlying methodological issues of descriptive legal theory.
Keywords
Coercion
Publication Date
1985
Document Type
Article
Place of Original Publication
University of Colorado Law Review
Publication Information
57 University of Colorado Law Review 1 (1985)
Repository Citation
Nance, Dale A., "Legal Theory and the Pivotal Role of the Concept of Coercion" (1985). Faculty Publications. 448.
https://scholarlycommons.law.case.edu/faculty_publications/448