What Law Must Be Able to Do: The Coercion Thesis and the Need to Keep the Peace

2020 ◽  
pp. 73-98
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Second Step ◽  
Necessary Condition ◽  
Normative System ◽  
Material Scarcity ◽  
Competent Self

Chapter 4 begins the second step of the modest analysis undertaken in this volume with an argument grounded in a claim about the function something must be able to perform to be properly characterized as a system of law. It argues that it is a conceptually necessary condition for something to count as a system of law that it is reasonably contrived to keep the peace among rationally competent self-interested subjects like us in worlds of acute material scarcity like ours by regulating behavior through the governance of norms metaphysically capable of guiding behavior. But the only way that an institutional normative system could be reasonably contrived to do this is by backing some mandatory norms prohibiting assaults on persons and property with the threat of a coercive sanction.

Coercion and the Nature of Law

2020 ◽  
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Conceptual Analysis ◽  
Existence Condition ◽  
Necessary Condition ◽  
First Order ◽  
Normative System ◽  
Motivating Reasons

COERCION AND THE NATURE OF LAW argues that it is a conceptually necessary condition for something to count as a system of law according to our conceptual practices that it authorizes the imposition of coercive sanctions for violations of some mandatory norms governing non-official behavior (the Coercion Thesis). The book begins with an explication of the modest approach to conceptual analysis that is deployed throughout. The remainder of the book is concerned to show that an institutional normative system is not reasonably contrived to do anything that law must be able to do for us to make sense of why we adopt systems of law to regulate non-official behavior unless we assume that mandatory norms governing that behavior are backed by the threat of a sovereign; an institutional normative system that satisfies every other plausible existence condition for law is not reasonably contrived to give rise to either objective or subjective first-order motivating reasons to comply with mandatory norms governing non-official behavior unless they are backed by the threat of a coercive sanction. Law’s presumed conceptual normativity can be explained only by the Coercion Thesis.

Can There Be Law in a Society of Angels?

2020 ◽  
pp. 231-254 ◽  
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
Practical Rationality ◽  
Contingent Fact ◽  
Institutional Authority ◽  
Theoretical Significance ◽  
Psychological Features ◽  
Material Scarcity ◽  
Competent Self ◽  
Do So ◽  
The Way

Chapter 10 rejects the society-of-angels argument against the Coercion Thesis on the ground that the psychological features of the “angels” are too far removed from what is remotely probable for rationally competent self-interested subjects like us who live in worlds of acute material scarcity like ours to tell us anything of theoretical significance about the content of our concept of law. There is nothing that counts as a legal system in the society of angels because our conceptual practices presuppose that the practices constituting something as a system of law are intended and reasonably contrived to regulate the behavior of rationally competent self-interested subjects like us who would never, as a descriptive matter of contingent fact, conclusively defer to the dictates of a purely institutional authority the way the angels do because we should not do so, as an objective matter of normative practical rationality.

The Coercion Thesis

2020 ◽  
pp. 1-22
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
Necessary Condition ◽  
Competent Self

Chapter 1 fleshes out the content of the Coercion Thesis, according to which it is a conceptually necessary condition for something to count as a legal system that it backs some mandatory norms governing non-official behavior with the threat of a coercive sanction. It begins with an analysis of the compound concept-term coercive sanction, distinguishing the deterrence and punitive functions they are reasonably contrived to perform, as a conceptual matter. The chapter then situates the Coercion Thesis with respect to the demands of morality and ends by explicating what the Coercion Thesis presupposes and implies with respect to what considerations characteristically motivate rationally competent self-interested subjects like us.

scholarly journals CONSTITUTIONALIZATION OF THE LEGAL ORDER THROUGH THE PRISM OF FORMATION OF THE DOMESTIC SOCIO-NORMATIVE SYSTEM

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Tatyana S. Podorozhna ◽  
Keyword(s):  
Social Services ◽  
Rule Of Law ◽  
Legal Order ◽  
Legal Positivism ◽  
Necessary Condition ◽  
General Context ◽  
Law And Order ◽  
The Rule Of Law ◽  
Normative System ◽  
Legal Method

Today, the concept of law and order is reproduced through close attention in the scientific literature. This integrated interest, first of all, requires a precise definition of this category in the theory of law, its detailed and comprehensive review and determination according to practical necessity. Law and order is a necessary condition for the functioning of all social services, the stabilization of sociopolitical processes and the formation of true democracy. Legal order is a complex formation, its research should be carried out using a system of methods. In this case, the analysis of law cannot be limited to the �legal method� developed by analytical jurisprudence, which consists of a dogmatic in nature qualification of legally significant situations. The study of the problem of law and order, their unambiguous interpretation is extremely important due to the fact that all without exception, the branch of legal sciences, within which various aspects of law and law enforcement process are studied with its provision. The legal culture of the population is manifested in respect laws, their knowledge, observance and implementation. It provides citizens with the ability to defend their rights and be accountable for their responsibilities. The relevance of the study is due to the fact that today there are virtually no scientifically sound mechanisms for automatic extrapolation of constitutional and legal knowledge into the content of legal norms. In view of this, it is necessary to scientifically comprehend and generalize the practice of the Constitutional Court of Ukraine, which is the legal basis for developing mechanisms of constitutionalization. The modern interpretation of the rule of law is a combination of the provisions of the theory of legal positivism and the ideology of natural law. The legal order in the general context is considered, first of all, as a reflection of legal existence, one of the means of functioning and reproduction of the existing law. The phenomenon of constitutionalization is the most important means of ensuring the rule of law and is a characteristic (condition, requirement) of activities related to lawmaking, due to the formation of the domestic socio-normative system. It is expedient to consider the rule of law as a supra-sectoral (inter-sectoral) phenomenon that cements the leading branches of national law. The problems raised are quite complex, multifaceted and cannot be studied within a single scientific investigation and require further scientific research, which will result in new scientific knowledge about the rule of law and the process of its constitutionalization. The vast majority of these problems were outlined by the author of the article in a single monograph. However, the declared provisions may be the subject of new scientific discussions, contribute to qualitative changes in general theoretical jurisprudence and constitutional law, and thus be a guide in the constitutional, judicial and other reforms currently underway in Ukraine.

The Infancy of Solar-Type Stars and its Relevance for the Origin of Life

1997 ◽  
Vol 161 ◽  
pp. 267-282 ◽  
Author(s):  
Thierry Montmerle
Keyword(s):  
Main Sequence ◽  
Solar Nebula ◽  
Circumstellar Disks ◽  
T Tauri Stars ◽  
Necessary Condition ◽  
Sequence Evolution ◽  
T Tauri ◽  
Solar Type ◽  
Optical Domain ◽  
The Origin Of Life

AbstractFor life to develop, planets are a necessary condition. Likewise, for planets to form, stars must be surrounded by circumstellar disks, at least some time during their pre-main sequence evolution. Much progress has been made recently in the study of young solar-like stars. In the optical domain, these stars are known as «T Tauri stars». A significant number show IR excess, and other phenomena indirectly suggesting the presence of circumstellar disks. The current wisdom is that there is an evolutionary sequence from protostars to T Tauri stars. This sequence is characterized by the initial presence of disks, with lifetimes ~ 1-10 Myr after the intial collapse of a dense envelope having given birth to a star. While they are present, about 30% of the disks have masses larger than the minimum solar nebula. Their disappearance may correspond to the growth of dust grains, followed by planetesimal and planet formation, but this is not yet demonstrated.

Temperature Dependence of the Critical Electron Dose for Fatty Acid Monolayers

1982 ◽  
Vol 40 ◽  
pp. 78-79
Author(s):  
Kenneth H. Downing ◽  
Robert M. Glaeser
Keyword(s):  
Electron Beam ◽  
Fatty Acid ◽  
Inelastic Scattering ◽  
Temperature Dependence ◽  
Structural Damage ◽  
Direct Result ◽  
Second Step ◽  
Strong Temperature Dependence ◽  
Electron Dose ◽  
Covalent Bonds

The structural damage of molecules irradiated by electrons is generally considered to occur in two steps. The direct result of inelastic scattering events is the disruption of covalent bonds. Following changes in bond structure, movement of the constituent atoms produces permanent distortions of the molecules. Since at least the second step should show a strong temperature dependence, it was to be expected that cooling a specimen should extend its lifetime in the electron beam. This result has been found in a large number of experiments, but the degree to which cooling the specimen enhances its resistance to radiation damage has been found to vary widely with specimen types.

The Application of Protein A-Gold Immunocytochemistry to Studies of Protein Secretion

1985 ◽  
Vol 43 ◽  
pp. 426-429
Author(s):  
George H. Herbener ◽  
Antonio Nanci ◽  
Moise Bendayan
Keyword(s):  
Tissue Section ◽  
Colloidal Gold ◽  
Unit Area ◽  
Protein A ◽  
Extracellular Proteins ◽  
Gold Complex ◽  
Second Step ◽  
Igg Antibodies ◽  
Tissue Sections ◽  
Antigenic Sites

Protein A-gold immunocytochemistry is a two-step, post-embedding labeling procedure which may be applied to tissue sections to localize intra- and extracellular proteins. The key requisite for immunocytochemistry is the availability of the appropriate antibody to react in an immune response with the antigenic sites on the protein of interest. During the second step, protein A-gold complex is reacted with the antibody. This is a non- specific reaction in that protein A will combine with most IgG antibodies. The ‘label’ visualized in the electron microscope is colloidal gold. Since labeling is restricted to the surface of the tissue section and since colloidal gold is particulate, labeling density, i.e., the number of gold particles per unit area of tissue section, may be quantitated with ease and accuracy.

Universal ESEM

1993 ◽  
Vol 51 ◽  
pp. 786-787
Author(s):  
G.D. Danilatos
Keyword(s):  
Electron Microscope ◽  
Scanning Electron Microscope ◽  
High Vacuum ◽  
Natural Extension ◽  
Necessary Condition ◽  
Environmental Scanning ◽  
Detection Systems ◽  
Small Gain ◽  
Detection Medium ◽  
Scanning Electron

The environmental scanning electron microscope (ESEM) has evolved as the natural extension of the scanning electron microscope (SEM), both historically and technologically. ESEM allows the introduction of a gaseous environment in the specimen chamber, whereas SEM operates in vacuum. One of the detection systems in ESEM, namely, the gaseous detection device (GDD) is based on the presence of gas as a detection medium. This might be interpreted as a necessary condition for the ESEM to remain operational and, hence, one might have to change instruments for operation at low or high vacuum. Initially, we may maintain the presence of a conventional secondary electron (E-T) detector in a "stand-by" position to switch on when the vacuum becomes satisfactory for its operation. However, the "rough" or "low vacuum" range of pressure may still be considered as inaccessible by both the GDD and the E-T detector, because the former has presumably very small gain and the latter still breaks down.

Sign in / Sign up

Export Citation Format

Share Document