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Reply to Criticisms of the (Means of) Execution Thesis as a Kind of Legal Sanction
The paper first outlines the thesis on (the means of) execution as a kind of legal sanction (esp. in the case of causing damage). It then sets out the basic theoretical arguments for rejecting the viewpoint according to which the duty of repair represents a sanction in the case of causing
damage. The paper goes on to present the viewpoints of several legal philosophers (Bucher, MacCormick, Padjen, Pokrovac) who raised objections to the thesis on (the means of) execution. Finally, it critically analyses these objections and sets out six additional arguments with a view to strenghtening
the said thesis.
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Document Type: Research Article
Publication date: January 1, 2013
- Archiv für Rechts- und Sozialphilosophie, edited by authorisation of the International Association for Philosophy of Law and Social Philosophy (IVR), is an international, peer-reviewed journal, first published in 1907. It features original articles on philosophical research on legal and social questions, covering all aspects of social and legal life.
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