This essay differentiates two approaches to understanding the concept of coercion, and argues for the relative merits of the one currently out of fashion. The approach currently dominant in the philosophical literature treats threats as essential to coercion, and understands coercion in terms of the way threats alter the costs and benefits of an agent’s actions; I call this the “pressure” approach. It has largely superseded the “enforcement approach,” which focuses on the powers and actions of the coercer rather than (...) the perspective of the coercee. The enforcement approach identifies coercion with certain uses of the kinds of powers that agents need to accumulate and wield in order to be able to make significant, credible threats. Though there is considerable overlap extensionally in the instances of coercion recognized by the two approaches, the enforcement approach encompasses some uses of power to coerce that do not involve threats . It also circumscribes which threats should be counted as coercive, though notably it provides a picture of coercion that is non-moralized in its essentials. While there may be specific purposes for which a pressure account is to be preferred, I argue that the enforcement approach better describes how coercion works, and elucidates factors that are often tacitly assumed by pressure accounts. It also is more useful for explaining the social and political significance of coercion, and why coercion is thought to have the implications commonly associated with it. In particular, I argue that it helps us understand why uses of coercion are in general a matter of ethical significance, why state authority depends on commanding a monopoly on the right to use coercion, and why being coerced may reasonably provide one a defense against being held responsible for actions one is coerced into taking. (shrink)

Several prominent theorists have recently advocated reconceptualizing rape as “nonconsensual sex,” omitting the traditional “force” element of the crime. I argue that such a conceptualization fails to capture what is distinctively problematic about rape for women and why rape is pivotal in supporting women’s gender oppression. I argue that conceptualizing rape as coerced sex can replace both the force and nonconsent elements and thereby remedies some of the main difficulties with extant definitions, especially in recognizing “acquaintance” rape as such. I (...) argue that this approach helps explain its distinctive badness both for the individual victims and for women as a group. (shrink)

A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making intentionally (...) false warnings about other sources of harm. This essay surveys some examples to secure this point, shows that Berman's moralized account of their wrongfulness is wanting, and offers the outline of an approach better suited to explain the wrongfulness of threatening.1. (shrink)

Volume 19, Issue 9, September 2019, Page 39-41.

There are few participants in academic or policy debates over prostitution who would disagree that steps should be taken to improve conditions for those working in prostitution; so Moen1 is in good and plentiful company with respect to his recommendations.I will focus here on the analysis leading up to his conclusions, and with whether it helps us understand why prostitution is so commonly harmful and what it would take to mitigate those harms.i On these matters I am dubious. The question (...) of whether or not prostitution is harmful would seem, manifestly, to be an empirical question, rather than a philosophical issue. I take it that Moen's aim is to clarify the evaluative task, and then to evaluate the arguments that can be made to show prostitution is harmful—tasks which philosophers can responsibly engage in. But I would suggest that Moen's approach to this particular subject oversimplifies it by abstracting away from key facts about the context in which prostitution takes place, and thus that it does not offer as strong a case for normalising prostitution as he hopes.The basic thesis of Moen's essay is that if casual sex is harmless , then the sale of casual sexual services for money is also harmless, or at …. (shrink)

Many recent theories of coercion broaden the scope of the concept coercion by encompassing interactions in which one agent pressures another to act, subject to some further qualifications. I have argued previously that this way of conceptualizing coercion undermines its suitability for theoretical use in politics and ethics. I have also explicated a narrower, more traditional approach—“the enforcement approach to coercion”—and argued for its superiority. In this essay, I consider the prospects for broadening this more traditional approach to cover some (...) cases that don’t seem to fit this approach, but nonetheless seem coercive, such as the demands routinely made on people by credit card companies, demands on students by higher educational institutions, and demands made by European financial institutions on the government of Greece. I analyze the similarities and differences of these compared to more central cases of coercion, discussing what lessons can be drawn from this analysis. (shrink)

This essay provides a positive account of coercion that avoids significant difficulties that have confronted most other recent accounts. It enters this territory by noting a dispute over whether coercion has to manipulate the will of the coercee, or whether direct force inhibiting action (such as manhandling or imprisoning) is itself coercive. Though this dispute may at first seem a mere matter of taxonomic categorization, I argue that this dispute reflects an important divergence in thought about the nature of coercion. (...) Though it has rarely been noted, there are two significantly different ways of theorizing coercion found in recent writing on coercion. One focuses on the ability of the coercer to inhibit actions by the coercee through techniques such as force, violence, and like powers, or threats based in such powers. The other approach restricts coercion to cases where coercion manipulates the will of the coercee, though widens it to include any sort of threat that puts pressure on the coercee's will and alters the coercee's intentional choice of action. The former, enforcement approach used to be widely assumed by many political theorists who discussed the place of coercion in law and politics, though it has been largely supplanted by the latter, pressure approach. I show that these approaches are indeed quite distinct, and argue that the enforcement approach is in several ways superior to and more fundamental than the pressure approach for recognizing and understanding coercion in ethics and political and legal philosophy. I also consider and respond to a number of objections to the enforcement approach, showing that it can deal with some puzzle cases such as bluffs, blackmail, inefficacious threats, oblique threats, and economic coercion. (shrink)