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Full-Text Articles in Jurisprudence
Proportionalities, Youngjae Lee
Proportionalities, Youngjae Lee
Notre Dame Law Review Reflection
“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …
The Place Of Force In General Jurisprudence, Jeffrey A. Pojanowski
The Place Of Force In General Jurisprudence, Jeffrey A. Pojanowski
Journal Articles
This essay reviews Frederick Schauer’s book, The Force of Law (2015). Schauer argues that coercion is central to legal practice and should be no less important in legal theory. In doing so, Schauer presents formidable challenges to standard versions of legal positivism—and does so from within the positivist framework. Much of Schauer’s criticism on that score is sound. His analysis of the role coercion can play in accomplishing law’s moral tasks is also welcome and important. Nevertheless, Schauer’s jurisprudential framework comes up short in its inability to distinguish law from other social practices that also use force. The Force of …