Coercion and Obligation as Exercises of Authority

Jurisprudence 7 (3):575-592 (2016)
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Abstract

How do exercises of authority different from requests, threats and advice? It is common to answer this question by emphasising the role of obligation, or the role of justified coercion, to the exclusion of the other. Using a distinction between an office of authority and an exercise of authority, I develop a taxonomy of such views of authority and present arguments against each of them. In place of these views, I argue for a symmetrical view of obligation and coercion within legal authority. On my view, authority is a conformance of one’s will to another’s will that the subject could recognise as consistent with the law’s respect for her, and this implies that obligation and coercion can equally be exercises of authority.

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Steve Coyne
University of Toronto, St. George Campus

References found in this work

In defense of a Hobbesian conception of law.Robert Ladenson - 1980 - Philosophy and Public Affairs 9 (2):134-159.

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