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Updated: Aug 6, 2025

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Law, Coercion and Folk Intuitions.

Lucas Miotto1, Guilherme F C F Almeida2, Noel Struchiner3

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Summary
This summary is machine-generated.

Legal philosophy often uses thought experiments, but critics question their relevance. This study empirically investigates the relationship between law and coercion, challenging traditional philosophical assumptions.

Keywords:
empirical legal studiesexperimental jurisprudencegeneral jurisprudencelaw and coercionlegal philosophy

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Area of Science:

  • Legal Philosophy
  • Sociology of Law
  • Empirical Legal Studies

Background:

  • Philosophical debates on whether legal systems are necessarily coercive often rely on abstract thought experiments.
  • Critics argue these thought experiments lack relevance and that laypersons may perceive law as inherently coercive.
  • Previous research has not systematically polled public opinion on the necessity of coercion in law.

Purpose of the Study:

  • To empirically investigate the relationship between law and coercion.
  • To challenge the traditional philosophical reliance on thought experiments by examining real-world perceptions.
  • To assess the validity of claims regarding laypersons' views on law and coercion.

Main Methods:

  • Conducted five empirical studies.
  • Systematically polled the 'man on the Clapham Omnibus' (representing the general public).
  • Analyzed findings on the public's perception of law and coercion.

Main Results:

  • Findings indicate a complex relationship between law and coercion, challenging simplistic philosophical models.
  • Empirical data provides insights into laypersons' understanding of legal systems.
  • The study offers evidence regarding the widespread support for the view that law is necessarily coercive among the general populace.

Conclusions:

  • The empirical findings challenge the adequacy of traditional philosophical thought experiments in understanding law.
  • Public perception suggests a strong association between law and coercion, contrary to some philosophical intuitions.
  • Further empirical research is needed to fully understand the multifaceted nature of law and its enforcement mechanisms.