The Yale Law Journal Online has published the first of two responses to Oona Hathaway and Scott J. Shapiro’s article Outcasting: Enforcement in Domestic and International Law, which appeared in the November 2011 issue of YLJ. In Enforcement and the Concept of Law, Joshua Kleinfeld argues that Hathaway and Shapiro’s broad conceptions of what count as enforcement and outcasting are underspecified. He develops a substantive definition of enforcement based on the goal of legal efficacy and identifies several limiting principles that define outcasting as a specifically legal mechanism of enforcement. The essay also identifies areas for further research to build on Hathaway and Shapiro’s work.
Preferred citation: Joshua Kleinfeld, Enforcement and the Concept of Law, 121 YALE L.J. ONLINE 293 (2011), http://yalelawjournal.org/2011/11/22/kleinfeld.html.