In praise of the weakness of law. A response to Schauer

Autor/innen

  • Marco Quiroz Vitale University of Milan

DOI:

https://doi.org/10.13130/2531-6710/7832

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.

Key words: Justice, natural law, legitimization

Autor/innen-Biografie

Marco Quiroz Vitale, University of Milan

Marco A. Quiroz Vitale, Professore aggregato di sociologia del diritto, Università di Milano.

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Veröffentlicht

2019-02-25