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.
Place of Original Publication
University of Colorado Law Review
57 University of Colorado Law Review 1 (1985)
Nance, Dale A., "Legal Theory and the Pivotal Role of the Concept of Coercion" (1985). Faculty Publications. 448.