Bad for Good - Perspectives on Law and Force

Bezemek/Ladavac (eds), The Force of Law Reaffirmed, Springer 2016

16 Pages Posted: 18 Aug 2016

See all articles by Christoph Bezemek

Christoph Bezemek

University of Graz, Faculty of Law, Institute of Public Law and Political Science

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

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

Christoph Bezemek (Contact Author)

University of Graz, Faculty of Law, Institute of Public Law and Political Science ( email )

Universitaetsstrasse 15 / FE
A-8010 Graz, 8010
Austria

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