From Angels to Humans: Law, Coercion, and the Society of Angels Thought Experiment

Law and Philosophy, Forthcoming 2021

26 Pages Posted: 7 Feb 2021

Date Written: February 03, 2020

Abstract

Whether legal systems are necessarily coercive raises normative concerns. Coercion carries a presumption of illegitimacy and a special justificatory burden. If legal systems are necessarily coercive, coerciveness necessarily taints our legal institutions. Traditionally, legal systems have been regarded as contingently coercive. This view is mainly supported by the society of angels thought experiment. For the past few years, however, this traditional view has been under attack. Critics have challenged the reliability of the thought experiment and have urged us to centre the discussion on typical legal systems: legal systems made by humans to address human needs. Once we do so—they claim—we would inevitably reject the traditional view. This paper argues that the critics are wrong. After discussing key features of the society of angels thought experiment and responding to objections, it is argued that even typical legal systems are contingently coercive. Coerciveness is a feature that our legal systems can and should strive to get rid of.

Keywords: General Jurisprudence, Coercion, Thought Experiments

Suggested Citation

Miotto, Lucas, From Angels to Humans: Law, Coercion, and the Society of Angels Thought Experiment (February 03, 2020). Law and Philosophy, Forthcoming 2021, Available at SSRN: https://ssrn.com/abstract=3732892 or http://dx.doi.org/10.2139/ssrn.3732892

Lucas Miotto (Contact Author)

University of Maastricht ( email )

P.O. Box 616
Maastricht, 6200
Netherlands

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