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Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society.

Duress (Law) --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Law and legislation --- Coercion --- Duress (Law). --- Coercion.

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Law of obligations. Law of contract --- Contracts --- Contrats --- Immoral contracts --- Consumer protection --- Law and legislation --- -Immoral contracts --- -Contracts contra bonos mores --- Immoral consideration --- Lesion (Law) --- Illegal contracts --- Undue influence --- Consumerism --- Protection, Consumer --- Commercial policy --- -Law and legislation --- -Consumer protection --- Contracts contra bonos mores --- Immoral contracts - France. --- Consumer protection - Law and legislation - France.

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Persuasion (Psychology) --- Duress (Law) --- Authoritarianism --- Power (Social sciences) --- Persuasion (Psychologie) --- Contrainte (Droit) --- Autoritarisme --- Pouvoir (Sciences sociales) --- Empowerment (Social sciences) --- Political power --- Exchange theory (Sociology) --- Political science --- Social sciences --- Sociology --- Consensus (Social sciences) --- Communication --- Conformity --- Influence (Psychology) --- Propaganda --- Psychology, Applied --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Authority --- Law and legislation --- Authoritarianism. --- Duress (Law). --- Persuasion (Psychology). --- Power (Social sciences).

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The law has struggled for many years with the problem of how to accommodate those who commit crimes due to threats or circumstances. The modern ambivalence surrounding the defences of duress and necessity has its origins in the legal past. To date the defences of duress and necessity have been couched in terms such as compulsion, involuntariness and human frailty, resulting in the true nature of the defences being hidden. Psychologists and legal theorists have begun to re-examine the role of emotions in human action, including their effect upon behaviour and choice. In light of recent breakthroughs, Eimear Spain considers how the emotions experienced by those who act due to threats, both human and natural in origin, should affect the attribution of criminal responsibility and punishment. The understanding of emotions extrapolated in this book points towards a new rationale for the existing defences of duress and necessity.

Duress (Law) --- Necessity (Law) --- Defense (Criminal procedure) --- Criminal defenses --- Defense (Law) --- Defenses, Criminal --- Actions and defenses --- Criminal procedure --- Due process of law --- Trial practice --- Public defenders --- State of necessity --- Assistance in emergencies --- Criminal liability --- Justification (Law) --- Liability (Law) --- Self-defense (Law) --- Self-help (Law) --- Coercion (Law) --- Compulsion --- Law --- Threats --- Torts --- Undue influence --- Law and legislation --- General and Others

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Law, Medieval --- Duress (Law) --- Representative government and representation --- Consent (Law) --- Democracy --- History --- -Democracy --- -Duress (Law) --- -Representative government and representation --- -Law, Medieval --- Medieval law --- Parliamentary government --- Political representation --- Representation --- Self-government --- Constitutional history --- Constitutional law --- Political science --- Elections --- Republics --- Suffrage --- Coercion (Law) --- Compulsion --- Criminal liability --- Law --- Necessity (Law) --- Threats --- Torts --- Undue influence --- Equality --- Declaration of intention --- Justification (Law) --- Law and legislation --- Duress (Law) - History --- Representative government and representation - History --- Consent (Law) - History --- Democracy - History