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A Prima Facie Case for the Coercion Thesis: Sanctions as a Paradigmatic Feature of Municipal Law

Chapter 3 undertakes the first of the two steps of the modest approach explicated in Chapter 2 by showing that the Coercion Thesis better coheres than its negation with the canons of ordinary usage as they reflect our experience with systems of municipal law. It begins with an explanation of the canons of ordinary usage with respect to using the term law as it pertains to legal systems. It then argues that every existing system of municipal regulation we characterize as law backs some mandatory legal norms governing non-official behavior with the threat of incarceration. Since our experience with respect to distinguishing things counting as law from things not counting as law conforms to what one would expect given dictionary reports of the relevant canons of usage, these reports accurately express the linguistic conventions we adopt for using law and define a prima facie case for the Coercion Thesis.