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  1. Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
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  • Law Is the Command of the Sovereign: H. L. A. Hart Reconsidered.Andrew Stumpff Morrison - 2016 - Ratio Juris 29 (3):364-384.
    This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...)
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  • The Nature of Law and Potential Coercion.Kara Woodbury-Smith - 2020 - Ratio Juris 33 (2):223-240.
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  • Are Health Nudges Coercive?Muireann Quigley - 2014 - Monash Bioethics Review 32 (1-2):141-158.
    Governments and policy-makers have of late displayed renewed attention to behavioural research in an attempt to achieve a range of policy goals, including health promotion. In particular, approaches which could be labelled as ‘nudges’ have gained traction with policy-makers. A range of objections to nudging have been raised in the literature. These include claims that nudges undermine autonomy and liberty, may lead to a decrease in responsibility in decision-making, lack transparency, involve deception, and involve manipulation, potentially occasioning coercion. In this (...)
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  • Coercion as a Pro Tanto Wrong: A Moderately Moralized Approach.Jackson Kushner - 2019 - The Journal of Ethics 23 (4):449-471.
    I defend one way of solving the Impermissibility Problem—that is, the problem that on moralized approaches to coercion, coerciveness and permissibility are mutually exclusive. This brings up intuitive difficulties for cases such as taxation, which seem to be both coercive and permissible. I gloss three popular theories of coercion—the moralized baseline, nonmoralized baseline, and enforcement approaches—and conclude that only the nonmoralized baseline approach clearly solves the problem. However, Robert Nozick’s famous “slave case” raises another serious issue for the nonmoralized baseline (...)
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  • Principles of Criminal Liability from the Semiotic Point of View.Michał Peno & Olgierd Bogucki - 2021 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 34 (2):561-578.
    Certainly principles of criminal liability may be understood as rules or norms outlining orders or prohibitions and standing out among other norms with their weight, for legal culture, legal doctrine, etc. In such a classic approach they are norms defining basic rights and obligations in the applicable criminal law. However, is it the only possible and cognitively interesting meaning of the word “principle” in jurisprudence? From the semiotic point of view, they can occur in three forms: special-kind norms, teleological directives, (...)
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  • The Role of Power in Social Explanation.Torsten Menge - 2018 - European Journal of Social Theory 21 (1):22 - 38.
    Power is often taken to be a central concept in social and political thought that can contribute to the explanation of many different social phenomena. This article argues that in order to play this role, a general theory of power is required to identify a stable causal capacity, one that does not depend on idiosyncratic social conditions and can thus exert its characteristic influence in a wide range of cases. It considers three promising strategies for such a theory, which ground (...)
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  • Coerecion and the Subject Matter of Public Justification.James W. Boettcher - 2016 - Public Reason 8 (1-2).
    Some public reason liberals identify coercive law as the subject matter of public justification, while others claim that the justification of coercion plays no role in motivating public justification requirements. Both of these views are mistaken. I argue that the subject matter of public justification is not coercion or coercive law but political decision-making about the basic institutional structure. At the same time, part of what makes a public justification principle necessary in the first place is the inherent coerciveness of (...)
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  • Digital Alienation as the Foundation of Online Privacy Concerns.Brandt Dainow - 2015 - Acm Sigcas Computers and Society 45 (3):109-117.
    The term ‘digital alienation’ is used in critical IS research to refer to manifestations of alienation online. This paper explores the difficulties of using a traditional Marxist analysis to account for digital alienation. The problem is that the activity people undertake online does not look coerced or estranged from the creator’s individuality, both of which are typically seen as necessary for the production of alienation. As a result of this apparent difficulty, much of the research has focused on the relationship (...)
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  • Coercion and Captivity.Lisa Rivera - 2014 - In Lori Gruen (ed.), The Ethics of Captivity. pp. 248-271.
    This paper considers three modes of captivity with an eye to examining the effects of captivity on free agency and whether these modes depend on or constitute coercion. These modes are: physical captivity, psychological captivity, and social/legal captivity. All these modes of captivity may severely impact capacities a person relies on for free agency in different ways. They may also undermine or destroy a person’s identity-constituting cares and values. On a Nozick-style view of coercion, coercion amounts to conditional threats and (...)
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  • What Makes Law Coercive When It is Coercive.Lucas Miotto - 2021 - Archiv Fuer Rechts Und Sozialphilosphie 107 (2):235-250.
    Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...)
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  • Freedom as Non-Domination and Democratic Inclusion.Ludvig Beckman & Jonas Hultin Rosenberg - 2018 - Res Publica 24 (2):181-198.
    According to neo-republicans, democracy is morally justified because it is among the prerequisites for freedom as non-domination. The claim that democracy secures freedom as non-domination needs to explain why democratic procedures contribute to non-domination and for whom democracy secures non-domination. This requires an account of why domination is countered by democratic procedures and an account of to whom domination is countered by access to democratic procedures. Neo-republican theory of democracy is based on a detailed discussion of the former but a (...)
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  • Against the Asymmetric Convergence Model of Public Justification.James W. Boettcher - 2015 - Ethical Theory and Moral Practice 18 (1):191-208.
    Compared to standard liberal approaches to public reason and justification, the asymmetric convergence model of public justification allows for the public justification of laws and policies based on a convergence of quite different and even publicly inaccessible reasons. The model is asymmetrical in the sense of identifying a broader range of reasons that may function as decisive defeaters of proposed laws and policies. This paper raises several critical questions about the asymmetric convergence model and its central but ambiguous presumption against (...)
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  • Inducing Fear.Ami Harbin - 2020 - Ethical Theory and Moral Practice 23 (3-4):501-513.
    This paper offers an ethical consideration of how fear can be a tool of agents, used to deliberately shift people away from existing beliefs, commitments, or habits, or towards new ones. It contends that properly understanding the ethical dimensions of such uses of fear depends in part on a clear understanding of the dynamics of disorientation that can be involved in such uses. Section two begins with a clarification of the connections between fear, orientation, and disorientation. It suggests that experiences (...)
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  • Respecting an Incompetent Person's Autonomy.Erica Ronning - unknown
    In this thesis, I will argue that in cases of surrogate decision making, proxies better respect an incompetent person’s autonomy when using the current values approach only in very specific cases where the loss of competence has rendered someone an entirely new person. In all other cases, I believe that the counterfactual view provides a better basis for respecting an incompetent person’s autonomy.
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  • Liberalism Without Perfection: Replies to Gaus, Colburn, Chan, and Bocchiola.Jonathan Quong - 2012 - Philosophy and Public Issues - Filosofia E Questioni Pubbliche 2 (1):51-79.
  • Is Being “Paid to Endure” Compatible With Autonomy? Paid Research Participation and Five (Rather Than Four) Goods of Work.Sven Nyholm & Jilles Smids - 2019 - American Journal of Bioethics 19 (9):41-43.
    Volume 19, Issue 9, September 2019, Page 41-43.
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  • The Coercer’s Role in Coercion.Scott A. Anderson - 2019 - American Journal of Bioethics 19 (9):39-41.
    Volume 19, Issue 9, September 2019, Page 39-41.
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  • Xunzi and the Primitivists on Natural Spontaneity (Xìng 性) and Coercion.Frank Saunders - 2017 - Asian Philosophy 27 (3):210-226.
    This article explores two opposing views from Warring States China concerning the value of human natural spontaneity and large-scale government coercion. On the one hand, the Ruist philosopher Xunzi championed a comprehensive and coercive ethical, political, and social system or Way that he believed would lead to social order and moral cultivation while opposing people’s xìng. On the other hand, the authors of roughly books 8–10 of Zhuangzi, the primitivists, criticized a Way bearing a striking resemblance to Xunzi’s on the (...)
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  • Autonomy in Neuroethics: Political and Not Metaphysical.Veljko Dubljević - 2013 - American Journal of Bioethics Neuroscience 4 (4):44-51.
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