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Sanctions: An Essential Element of Law?

Sanctions: An Essential Element of Law?

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<p>The volume is dedicated to the concept of sanctions and to the reassessment of its interrelation with the concept of law. It does not seem that long ago that &ldquo;law&rdquo; and &ldquo;sanctions&rdquo; were thought of as necessarily interrelated. &ldquo;Every Law is a command&rdquo;, we read in Austin&rsquo;s &lsquo;Province of Jurisprudence Determined&rsquo;; a particular command, however, in &ldquo;that the party to whom it is directed is liable to evil from the other, in case he [does not] comply&rdquo;. And &ldquo;[t]he evil which will probably be incurred in case a command be disobeyed [&hellip;] is frequently called a sanction&rdquo;. H. L. A. Hart&rsquo;s critique of Austin&rsquo;s &ldquo;command theory of law&rdquo; successfully drove a wedge into the interrelation of &ldquo;law and &ldquo;sanctions&rdquo;; so successful, in fact, that it caused some scholars to part with the idea of &ldquo;force&rdquo; underlying the concept of law altogether and others to emphatically protest what they perceived as a rash move to discard one of the core elements of law. The debate still is on.</p>

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mai 2025, Law and Philosophy Library, Anglais
SPRINGER
9783031885129

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