FRAGMENTOS SOBRE A OBRA THE FORCE OF LAW DE FREDERICK SCHAUER

Abstract

In 2015, the north american jurist Frederick Schauer published The Force of Law, whose content does not omit, since the beginning of his text, that his desire to write it was to oppose the conception proposed by the english scholar Herbert L.A. Hart in book The Concept of Law, released in 2012, that the nature of law does not include the coercive component. In The Force of Law it is exposed that coercion is the only component of law used even by the most developed democracies in order to guarantee the fulfillment of their own normative acts. However, according to the reasoning perpetrated in the work, it is an empirical fact that individuals very rarely obey the law merely out of deference to its authority. This article proposes to present considerations about the book, taking as reference not only its text, but related scientific publications.