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Law in Modern Society$
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Denis Galligan

Print publication date: 2006

Print ISBN-13: 9780199291830

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199291830.001.0001

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Law and Coercion

Law and Coercion

Chapter:
8 Law and Coercion
Source:
Law in Modern Society
Author(s):

D. J. GALLIGAN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199291830.003.0009

This chapter draws attention to issues regarding law: one is that there are several other types of law aside from state law, and the other is that law has the tendency to become coercive. The issues are related since law has almost always been linked with the sovereign, and this draws attention away from other forms of law. These issues bring about the notion that law is a coercive order that is controlled by the sovereign state to cater to its interests. In spite of all the evidence found that affirms the idea that legal orders do not take into consideration the concept of the state and its institutions and its structures enough, legal theory is evidently restricted to the law and legal systems of modern states. The main issue in this chapter concerns the place of coercion in a social amount of law.

Keywords:   coercion, forms of law, sovereign state, legal systems, institutions, structures

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