This chapter defends the claim that the law does not only attempt to solve the coordination problem of the use of force, rather it solves all co-ordination problems by means of solving the co-ordination problem of the use of force. In the absence of the positive law as addressee of claims of justice, uttering such claims must be understood as holding out the prospect of the use of force and thus must be qualified as threats or inherently belligerent acts. To make claims of justice non-belligerent, they have to be addressed at the positive law, which in turn has to be understood as a system that permits the use of force. To fulfil the function of civilising claims of justice and turning them into non-bellicose acts, the law has to be understood as essentially a system that permits the use of force.

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Justice and Force

  • Christoph Kletzer

摘要

This chapter defends the claim that the law does not only attempt to solve the coordination problem of the use of force, rather it solves all co-ordination problems by means of solving the co-ordination problem of the use of force. In the absence of the positive law as addressee of claims of justice, uttering such claims must be understood as holding out the prospect of the use of force and thus must be qualified as threats or inherently belligerent acts. To make claims of justice non-belligerent, they have to be addressed at the positive law, which in turn has to be understood as a system that permits the use of force. To fulfil the function of civilising claims of justice and turning them into non-bellicose acts, the law has to be understood as essentially a system that permits the use of force.