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  1. Coercive Interference and Moral Judgment.Jan-Willem van der Rijt - 2011 - Ethical Theory and Moral Practice 14 (5):549 - 567.
    Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...)
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  • What Does Nozick's Minimal State Do?Gene E. Mumy - 1987 - Economics and Philosophy 3 (2):275-305.
    In the first half of the 1970s, two books appeared which have subsequently been regarded as major works in political philosophy: John Rawls's A Theory of Justice, and Robert Nozick's Anarchy, State, and Utopia. Economists have devoted a considerable amount of ink to commentary, pro and con, on A Theory of Justice; and it is getting to be a rare public finance textbook that does not, in its discussion of governmental redistribution, describe the Kantian contract made behind the veil of (...)
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  • The Ethics of Price Gouging.Matt Zwolinski - 2008 - Business Ethics Quarterly 18 (3):347-378.
    Price gouging occurs when, in the wake of an emergency, sellers of a certain necessary goods sharply raise their prices beyond the level needed to cover increased costs. Most people think that price gouging is immoral, and most states have laws rendering the practice a civil or criminal offense. The purpose of this paper is to explore some of the philosophic issues surrounding price gouging, and to argue that the common moral condemnation of it is largely mistaken. I make this (...)
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  • Making Do: Troubling Stoic Tendencies in an Otherwise Compelling Theory of Autonomy.David Zimmerman - 2000 - Canadian Journal of Philosophy 30 (1):25-53.
    Nothing can kill a promising research program in ethics more quickly than a plausible argument to the effect that it is committed to a morally repellent consequence. It is especially troubling when a theory one favors is jeopardized in this way. I have this worry about Harry Frankfurt's theory of free will, autonomous agency and moral responsibility, for there is a very plausible argument to the effect that aspects of his view commit him to a version of the late Stoic (...)
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  • Making Do: Troubling Stoic Tendencies in an Otherwise Compelling Theory of Autonomy.David Zimmerman - 2000 - Canadian Journal of Philosophy 30 (1):25-53.
    Nothing can kill a promising research program in ethics more quickly than a plausible argument to the effect that it is committed to a morally repellent consequence. It is especially troubling when a theory one favors is jeopardized in this way. I have this worry about Harry Frankfurt's theory of free will, autonomous agency and moral responsibility, for there is a very plausible argument to the effect that aspects of his view commit him to a version of the late Stoic (...)
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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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  • Equality and the Significance of Coercion.Gabriel Wollner - 2011 - Journal of Social Philosophy 42 (4):363-381.
    Some political philosophers believe that equality emerges as a moral concern where and because people coerce each other. I shall argue that they are wrong. The idea of coercion as a trigger of equality is neither as plausible nor as powerful as it may initially appear. Those who rely on the idea that coercion is among the conditions that give rise to equality as a moral demand face a threefold challenge. They will have to succeed in jointly (a) offering a (...)
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  • The Interpersonal Aspects of Coercive Threats and Offers.Edmund Wall - 2002 - Dialogue 41 (4):681-.
    Je défends ici une conception interpersonnelle des menaces et des offres coercitives, centrée sur les intentions de ceux qui font de telles menaces ou de tellesoffres. Je critique, ce faisant, un groupe de conceptions fort influentes, appelées «baseline accounts». Robert Nozick, qui adopte une approche de ce genre, incorpore à son analyse des menaces coercitives des éléments non moraux aussi bien que des éléments moraux. Les approches de Daniel Lyons et de David Zimmerman peuvent être vues, à certains égards, comme (...)
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  • The Interpersonal Aspects of Coercive Threats and Offers.Edmund Wall - 2002 - Dialogue 41 (4):681-702.
    RésuméJe défends ici une conception interpersonnelle des menaces et des offers coercitives, centrée sur les intentions de ceux quifont de telles menaces ou de telles offres. Je critique, ce faisant, un groupe de conceptions fort influentes, appelées «baseline accounts». Robert Nozick, qui adopte une approche de ce genre, incorpore à son analyse des menaces coercitives des éléments non moraux aussi bien que des éléments moraux. Les approches de Daniel Lyons et de David Zimmerman peuvent être vues, à certains égards, comme (...)
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  • Assembling an Army: Considerations for Just War Theory.Nathan P. Stout - 2016 - Journal of Global Ethics 12 (2):204-221.
    ABSTRACTThe aim of this paper is to draw attention to an issue which has been largely overlooked in contemporary just war theory – namely the impact that the conditions under which an army is assembled are liable to have on the judgments that are made with respect to traditional principles of jus ad bellum and jus in bello. I argue that the way in which an army is assembled can significantly alter judgments regarding the justice of a war. In doing (...)
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  • Coercive Offers Without Coercion as Subjection.William R. Smith & Benjamin Rossi - 2019 - American Journal of Bioethics 19 (9):64-66.
    Volume 19, Issue 9, September 2019, Page 64-66.
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  • The Moral Case for Granting Catastrophically Ill Patients the Right to Access Unregistered Medical Interventions.Udo Schuklenk & Ricardo Smalling - 2017 - Journal of Law, Medicine and Ethics 45 (3):382-391.
    Using the case of Ebola Virus Disease as an example, this paper shows why patients at high risk for death have a defensible moral claim to access unregistered medical interventions, without having to enrol in randomized placebo controlled trials.A number of jurisdictions permit and facilitate such access under emergency circumstances. One controversial question is whether patients should only be permitted access to UMI after trials investigating the interventions are fully recruited. It is argued that regulatory regimes should not prioritise trial (...)
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  • Democratic Rights in the Workplace.Kory P. Schaff - 2012 - Inquiry: An Interdisciplinary Journal of Philosophy 55 (4):386-404.
    Abstract In this paper, I pursue the question whether extending democratic rights to work is good in the broadest possible sense of that term: good for workers, firms, market economies, and democratic states. The argument makes two assumptions in a broadly consequentialist framework. First, the configuration of any relationship among persons in which there is less rather than more coercion makes individuals better off. Second, extending democratic rights to work will entail costs and benefits to both the power and authority (...)
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  • Why Coercion is Wrong When It’s Wrong.Benjamin Sachs - 2013 - Australasian Journal of Philosophy 91 (1):63 - 82.
    It is usually thought that wrongful acts of threat-involving coercion are wrong because they involve a violation of the freedom or autonomy of the targets of those acts. I argue here that this cannot possibly be right, and that in fact the wrongness of wrongful coercion has nothing at all to do with the effect such actions have on their targets. This negative thesis is supported by pointing out that what we say about the ethics of threatening (and thus the (...)
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  • The Crime of Self‐Solicitation.Benjamin Sachs - 2015 - Ratio Juris 28 (2):180-203.
    I hold that we could justifiably criminalize some threats, on account of the fact that issuing them renders one more likely to commit a crime. But I also point out that if we criminalize some threat-issuing, we will de facto criminalize some warning-issuing, which is unjust. So we ought not to criminalize any threat-issuing. Instead, we should criminalize rendering oneself more likely to commit a crime. This would allow us to punish all the threat-issuers we should want to punish. It (...)
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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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  • Justifications for Non-­Consensual Medical Intervention: From Infectious Disease Control to Criminal Rehabilitation.Jonathan Pugh & Thomas Douglas - 2016 - Criminal Justice Ethics 35 (3):205-229.
    A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...)
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  • The Ethical and Economic Case Against Sweatshop Labor: A Critical Assessment. [REVIEW]Benjamin Powell & Matt Zwolinski - 2012 - Journal of Business Ethics 107 (4):449-472.
    During the last decade, scholarly criticism of sweatshops has grown increasingly sophisticated. This article reviews the new moral and economic foundations of these criticisms and argues that they are flawed. It seeks to advance the debate over sweatshops by noting the extent to which the case for sweatshops does, and does not, depend on the existence of competitive markets. It attempts to more carefully distinguish between different ways in which various parties might seek to modify sweatshop behavior, and to point (...)
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  • The Constitution of Nondomination.Guido Pincione - 2011 - Social Philosophy and Policy 28 (1):261-289.
    Pincione argues that procedural constitutional guarantees of market freedoms best protect individuals from domination. If he is right, Philip Pettit's claim that various forms of state interference with private markets are needed to forestall domination will prove to be unwarranted. Pincione further contends that market freedoms are best protected by procedural rules for political decision-making, as opposed to constitutional guarantees of private property and other substantive rules. Central to his position are claims that the dispersion of economic power precludes domination, (...)
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  • Choice, Consent, and the Legitimacy of Market Transactions.Fabienne Peter - 2004 - Economics and Philosophy 20 (1):1-18.
    According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...)
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  • Are Workers Dominated?Tom O'Shea - 2019 - Journal of Ethics and Social Philosophy 16 (1).
    This article undertakes a republican analysis of power in the workplace and labour market in order to determine whether workers are dominated by employers. Civic republicans usually take domination to be subjection to an arbitrary power to interfere with choice. But when faced with labour disputes over what choices it is normal for workers to make for themselves, these accounts of domination struggle to determine whether employers possess the power to interfere. I propose an alternative capabilitarian conception of domination as (...)
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  • Codes of Ethics in the Light of Fairness and Harm.Dan Munter - 2013 - Business Ethics: A European Review 22 (2):174-188.
    Nine codes of ethics from companies in the Swedish financial sector were subjected to a content analysis to determine how they address and treat employees. The codes say a great deal about employee conduct and misconduct but next to nothing about employee rights, their rightful expectations or their value to the firm. The normative analysis – echoing some of the value-based HRM literature – draws on the foundational values of respect, equality, reciprocity and care. The analysis shows that most of (...)
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  • Beyond Coercion: Moral Assessment in the Labour Market.Dan Munter & Lars Lindblom - 2017 - Journal of Business Ethics 142 (1):59-70.
    Some libertarians argue that informed consent alone makes transactions in the labour market morally justified. In contrast, some of their critics claim that such an act of consent is no guarantee against coercion. To know whether agreements are voluntary, we need to assess the quality of the offers or the prevailing background conditions. ISCT theorists argue that it is imperative to take social norms into account when evaluating the labour market. We present a novel framework for moral assessment in the (...)
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  • Employing Robots.Carl David Mildenberger - 2019 - Disputatio 11 (53):89-110.
    In this paper, I am concerned with what automation—widely considered to be the “future of work”—holds for the artificially intelligent agents we aim to employ. My guiding question is whether it is normatively problematic to employ artificially intelligent agents like, for example, autonomous robots as workers. The answer I propose is the following. There is nothing inherently normatively problematic about employing autonomous robots as workers. Still, we must not put them to perform just any work, if we want to avoid (...)
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  • Consent Under Pressure: The Puzzle of Third Party Coercion.Joseph Millum - 2014 - Ethical Theory and Moral Practice 17 (1):113-127.
    Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling third party (...)
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  • Does the Use of Human Subjects in Research in Developing Nations Violate Their Human Rights? If so, Are Reparations an Appropriate Response?Joan McGregor - 2006 - Journal of Social Philosophy 37 (3):441–463.
  • Manipulation in the Enrollment of Research Participants.Amulya Mandava & Joseph Millum - 2013 - Hastings Center Report 43 (2):38-47.
    In this paper we analyze the non-coercive ways in which researchers can use knowledge about the decision-making tendencies of potential participants in order to motivate them to consent to research enrollment. We identify which modes of influence preserve respect for participants’ autonomy and which disrespect autonomy, and apply the umbrella term of manipulation to the latter. We then apply our analysis to a series of cases adapted from the experiences of clinical researchers in order to develop a framework for thinking (...)
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  • “Paid to Endure”: Paid Research Participation, Passivity, and the Goods of Work.Erik Malmqvist - 2019 - American Journal of Bioethics 19 (9):11-20.
    A growing literature documents the existence of individuals who make a living by participating in phase I clinical trials for money. Several scholars have noted that the concerns about risks, consent, and exploitation raised by this phenomenon apply to many jobs, too, and therefore proposed improving subject protections by regulating phase I trial participation as work. This article contributes to the debate over this proposal by exploring a largely neglected worry. Unlike most workers, subjects are not paid to produce or (...)
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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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  • Consent, Threats, and Offers.Maximilian Kiener - 2019 - American Journal of Bioethics 19 (9):66-68.
    Volume 19, Issue 9, September 2019, Page 66-68.
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  • Freedom in Organizations.Michael Keeley - 1987 - Journal of Business Ethics 6 (4):249 - 263.
    Organizations in competitive markets are often assumed to be voluntary associations, involving free exchange between various participants for mutual benefit. Just how voluntary or free organizational exchanges really are, however, is problematic. Even the criteria for determining whether specific transactions are free or coerced are not clear. In this paper, I review three general approaches to specifying such criteria: consequentialist, descriptive, and normative. I argue that the last is the most reasonable, that freedom is an essentially moral concept, whose meaning (...)
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  • Overall Freedom and Constraint.Ian Hunt - 2001 - Inquiry: An Interdisciplinary Journal of Philosophy 44 (2):131 – 147.
    Ian Carter argues against what he calls the ?specific freedom thesis?, which claims that in asking whether our society or any individual is free, all we need or can intelligibly concern ourselves with is their freedom to do this or that specific thing. Carter claims that issues of overall freedom are politically and morally important and that, in valuing freedom as such, liberals should be committed to a measure of freedom overall. This paper argues against Carter?s further claim that rejection (...)
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  • The Forces of Law: Duty, Coercion, and Power.Leslie Green - 2016 - Ratio Juris 29 (2):164-181.
    This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We cannot determine how (...)
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  • Toward a Theory of Coercion.Michael Corr - 1986 - Canadian Journal of Philosophy 16 (3):383 - 405.
    Virtually everyone agrees that there is a strong moral presumption against the use of coercion. There is, however, considerably less agreement about the nature of coercion. For example, each of the following claims has been the subject of considerable controversy: 1. coercion is an essentially normative concept whose ‘conditions of application contain an ineliminable reference to moral rightness or wrongness’; 2. it is possible to coerce someone by means of an especially enticing offer as well as by means of a (...)
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  • Intervening in the Psychopath’s Brain.Walter Glannon - 2014 - Theoretical Medicine and Bioethics 35 (1):43-57.
    Psychopathy is a disorder involving personality and behavioral features associated with a high rate of violent aggression and recidivism. This paper explores potential psychopharmacological therapies to modulate dysfunctional neural pathways in psychopaths and reduce the incidence of their harmful behavior, as well as the ethical and legal implications of offering these therapies as an alternative to incarceration. It also considers whether forced psychopharmacological intervention in adults and children with psychopathic traits manifesting in violent behavior can be justified. More generally, the (...)
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  • Coercion: The Wrong and the Bad.Michael Garnett - 2018 - Ethics 128 (3):545-573.
    The idea of coercion is one that has played, and continues to play, at least two importantly distinct moral-theoretic roles in our thinking. One, which has been the focus of a number of recent influential treatments, is a primarily deontic role in which claims of coercion serve to indicate relatively weighty prima facie wrongs and excuses. The other, by contrast, is a primarily axiological or eudaimonic role in which claims of coercion serve to pick out instances of some distinctive kind (...)
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  • Buyer Beware: A Critique of Leading Virtue Ethics Defenses of Markets.Roberto Fumagalli - 2020 - Journal of Social Philosophy 51 (3):457-482.
    Over the last few decades, there have been intense debates concerning the effects of markets on the morality of individuals’ behaviour. On the one hand, several authors argue that markets’ ongoing expansion tends to undermine individuals’ intentions for mutual benefit and virtuous character traits and actions. On the other hand, leading economists and philosophers characterize markets as a domain of intentional cooperation for mutual benefit that promotes many of the character traits and actions that traditional virtue ethics accounts classify as (...)
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  • Threats and Offers in Community Mental Healthcare.Michael Dunn, Daniel Maughan, Tony Hope, Krysia Canvin, Jorun Rugkåsa, Julia Sinclair & Tom Burns - 2012 - Journal of Medical Ethics 38 (4):204-209.
    Next SectionMaking threats and offers to patients is a strategy used in community mental healthcare to increase treatment adherence. In this paper, an ethical analysis of these types of proposal is presented. It is argued (1) that the primary ethical consideration is to identify the professional duties of care held by those working in community mental health because the nature of these duties will enable a threat to be differentiated from an offer, (2) that threatening to act in a way (...)
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  • Informed Consent, Disclosure, and Understanding.Tom Dougherty - 2020 - Philosophy and Public Affairs 48 (2):119-150.
  • Euthanasia for Detainees in Belgium.Katrien Devolder - 2016 - Cambridge Quarterly of Healthcare Ethics 25 (3):384-394.
    In 2011, Frank Van Den Bleeken became the first detainee to request euthanasia under Belgium’s Euthanasia Act of 2002. This article investigates whether it would be lawful and morally permissible for a doctor to accede to this request. Though Van Den Bleeken has not been held accountable for the crimes he committed, he has been detained in an ordinary prison, without appropriate psychiatric care, for more than 30 years. It is first established that VDB’s euthanasia request plausibly meets the relevant (...)
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  • Should We Be Alarmed by Medical Research?Tomas Bogardus - 2008 - Journal of Medicine and Philosophy 33 (5):524-532.
  • Exploitative, Irresistible, and Coercive Offers: Why Research Participants Should Be Paid Well or Not at All.Sara Belfrage - 2016 - Journal of Global Ethics 12 (1):69-86.
    ABSTRACTThis paper begins with the assumption that it is morally problematic when people in need are offered money in exchange for research participation if the amount offered is unfair. Such offers are called ‘coercive’, and the degree of coerciveness is determined by the offer's potential to cause exploitation and its irresistibility. Depending on what view we take on the possibility to compensate for the sacrifices made by research participants, a wish to avoid ‘coercive offers’ leads to policy recommendations concerning payment (...)
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  • Coercion, Consent and the Forced Marriage Debate in the UK.Sundari Anitha & Aisha Gill - 2009 - Feminist Legal Studies 17 (2):165-184.
    An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups (...)
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  • The Enforcement Approach to Coercion.Scott A. Anderson - 2010 - Journal of Ethics and Social Philosophy 5 (1):1-31.
    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 (...)
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  • Divorcing Threats and Offers.Scott Altman - 1996 - Law and Philosophy 15 (3):209 - 226.
    Theories of threats and offers can blind us to some wrongs even as they illuminate others. Spouses sometimes negotiate divorce settlements by proposing to litigate custody unless given financial concessions. Supported by theories that rely exclusively on rights, courts often uphold these settlements saying things like "[s]imply insisting upon ... what one believes to be his legal rights is not coercive." I suggest a means of distinguishing (divorcing) threats from offers that explains why it is sometimes coercive to insist on (...)
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  • Autonomy, Rationality, and Contemporary Bioethics.Jonathan Pugh - 2020 - Oxford, UK: Oxford University Press.
    Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...)
  • Prevention, Coercion, and Two Concepts of Negative Liberty.Michael Garnett - 2022 - In Mark McBride & Visa A. J. Kurki (eds.), Without Trimmings: The Legal, Moral, and Political Philosophy of Matthew Kramer. Oxford: Oxford University Press. pp. 223-238.
    This paper argues that there are two irreducibly distinct negative concepts of liberty: freedom as non-prevention, and freedom as non-coercion. Contemporary proponents of the negative view, such as Matthew Kramer and Ian Carter, have sought to develop the Hobbesian idea that freedom is essentially a matter of physical non-prevention. Accordingly, they have sought to reduce the freedom-diminishing effect of coercion to that of prevention by arguing that coercive threats function to diminish freedom by preventing people from performing certain combinations of (...)
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  • Philosophy of Contract Law.Daniel Markovits & Emad Atiq - 2021 - Stanford Encyclopedia of Philosophy.
    The law of contracts, at least in its orthodox expression, concerns voluntary, or chosen, legal obligations. When Brody accepts Susan’s offer to sell him a canoe for a set price, the parties’ choices alter their legal rights and duties. Their success at changing the legal landscape depends on a background system of rules that specify when and how contractual acts have legal effects, rules that give the offer and acceptance of a bargain-exchange a central role in generating obligations. Contract law (...)
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  • Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
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  • The Social-Relational View of Recognition Respect.James Humphries - 2021 - Bibliotecca Della Liberta 56 (231):5-30.
    In this paper, I focus on recognition respect as a component of Anderson’s democratic equality – specifically, how it places certain requirements on the way political institutions such as states treat both citizens and non-citizens. I argue for two claims: that recognition respect is a plausible political (as well as ethical) value, and that it should be understood in large part as a matter of an agent’s material relational standing rather than as their merely being regarded in a certain way (...)
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