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FRANCESCO VIOLA

La teoria del diritto come pratica sociale e la coercizione

Abstract

It is impossible to face the role of coercion in the concept of law without reference to a specific theory of law. Then, in the first part, the paper elaborates the general lines of a theory of law as a social practice, focussed precisely on the aim of protecting agency against arbitrary power. In the second part, the focus is legal coercion. The main question is whether the legal use of force is another form of power that contrast that general goal of protecting agency or not.