Bad for Good - Perspectives on Law and Force
Bezemek/Ladavac (eds), The Force of Law Reaffirmed, Springer 2016
16 Pages Posted: 18 Aug 2016
Date Written: August 11, 2016
Abstract
Typically, the ‘Bad Man’ who’s role we have to assume, according to O.W. Holmes in order to ‘know the law and nothing else’, is considered to be both morally impoverished and analytically deficient. This paper argues that, quite on the contrary, the Bad Man’s perspective is most useful in order to doctrinally explore a legal system and to cast light on the general relationship of law and force.
Keywords: Holmes, Bad Man Theory, Force, Coercion, Kelsen, Schauer
Suggested Citation: Suggested Citation
Bezemek, Christoph, Bad for Good - Perspectives on Law and Force (August 11, 2016). Bezemek/Ladavac (eds), The Force of Law Reaffirmed, Springer 2016, Available at SSRN: https://ssrn.com/abstract=2821450
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