This chapter highlights the relevance of coercion to both the existence and the function(s) of law. Julieta A. Rabanos argues that if law is seen as a tool or artefact, the fulfilment of its function(s) depends on both its existence and its possession of a certain property that enables the achievement of that end. Following that she shows how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to the law, and that coercion is necessary to guarantee the existence of a community. Finally, even if this argument fails, she shows that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s); especially those related to behaviour-guidance and coordination-solving.
Ključne reči:
Coercion / conformity to the law / Functions of Law
Izvor:
Sanctions : an essential element of law?, 2025, 13-35
TY - CHAP
AU - Rabanos, Julieta A.
PY - 2025
UR - https://ralf.ius.bg.ac.rs/handle/123456789/2383
AB - This chapter highlights the relevance of coercion to both the existence and the function(s) of law. Julieta A. Rabanos argues that if law is seen as a tool or artefact, the fulfilment of its function(s) depends on both its existence and its possession of a certain property that enables the achievement of that end. Following that she shows how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to the law, and that coercion is necessary to guarantee the existence of a community. Finally, even if this argument fails, she shows that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s); especially those related to behaviour-guidance and coordination-solving.
PB - Springer
T2 - Sanctions : an essential element of law?
T1 - On Coercion and the (Functions of) Law
EP - 35
SP - 13
DO - 10.1007/978-3-031-88512-9_3
ER -
@inbook{
author = "Rabanos, Julieta A.",
year = "2025",
abstract = "This chapter highlights the relevance of coercion to both the existence and the function(s) of law. Julieta A. Rabanos argues that if law is seen as a tool or artefact, the fulfilment of its function(s) depends on both its existence and its possession of a certain property that enables the achievement of that end. Following that she shows how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to the law, and that coercion is necessary to guarantee the existence of a community. Finally, even if this argument fails, she shows that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s); especially those related to behaviour-guidance and coordination-solving.",
publisher = "Springer",
journal = "Sanctions : an essential element of law?",
booktitle = "On Coercion and the (Functions of) Law",
pages = "35-13",
doi = "10.1007/978-3-031-88512-9_3"
}
Rabanos, J. A.. (2025). On Coercion and the (Functions of) Law. in Sanctions : an essential element of law?
Springer., 13-35.
https://doi.org/10.1007/978-3-031-88512-9_3
Rabanos JA. On Coercion and the (Functions of) Law. in Sanctions : an essential element of law?. 2025;:13-35.
doi:10.1007/978-3-031-88512-9_3 .
Rabanos, Julieta A., "On Coercion and the (Functions of) Law" in Sanctions : an essential element of law? (2025):13-35,
https://doi.org/10.1007/978-3-031-88512-9_3 . .
