«A RULE-GOVERNED GUNMAN WRIT LARGE?» EL PUESTO DE LA COERCIÓN EN THE CONCEPT OF LAW

PINTORE, ANNA

2015-01-01

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Abstract

Objecting to those who claim that coercion has been losing its central role in Legal Theory and considered that the point of departure of that new tendency is to be found in The concept of Law, this paper vindicates Harts way to address the topic on coercion in three moments of his work: 1) His analyses of rules and social obligation; 2) His objection against Austin and Kelsen and his elaboration of a theory of legal systems; 3) His way to address the minimum content of Natural Law and International Law. The conclusion of this paper is to consider The concept of Law fully align with the iuspositivist tradition on this issue rejecting it to be any departure or turning point.