Legal Coercion, Respect & Reason-Responsive Agency

Ethical Theory and Moral Practice 17 (5):847-859 (2014)
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Abstract

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is ‘due to them as men’. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that legal coercion fails to respect individuals as reason-responsive agents; and individuals ought to be respected as such in virtue of the fact that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect ‘due to them as men’

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Ambrose Y. K. Lee
University of Surrey

Citations of this work

Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.

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References found in this work

The concept of law.Hla Hart - 1961 - New York: Oxford University Press.
The metaphysics of morals.Immanuel Kant - 1797/1996 - New York: Cambridge University Press. Edited by Mary J. Gregor.
The Morality of Freedom.Joseph Raz - 1986 - Oxford, GB: Oxford University Press.
The Concept of Law.Hla Hart - 1961 - Oxford, United Kingdom: Oxford University Press UK.
The Theory and Practice of Autonomy.Gerald Dworkin - 1988 - New York: Cambridge University Press.

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