Results for 'coercion'

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  1. Michael J. Gorr, from Coercion, Freedom, and Exploitation (1989).Freedom Coercion - 2007 - In Ian Carter, Matthew H. Kramer & Hillel Steiner (eds.), Freedom: A Philosophical Anthology. Blackwell. pp. 304.
     
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  2. Alan Wertheimer, from Coercion (1987).Coercion as Contextual - 2007 - In Ian Carter, Matthew H. Kramer & Hillel Steiner (eds.), Freedom: A Philosophical Anthology. Blackwell.
     
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  3. 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 (...)
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  4. 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 (...)
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  5. Neuroenhancement, Coercion, and Neo-Luddism.Alexandre Erler - 2020 - In Nicole A. Vincent, Thomas Nadelhoffer & Allan McCay (eds.), Neurointerventions and the Law: Regulating Human Mental Capacity. New York, NY, USA: pp. 375-405.
    This chapter addresses the claim that, as new types of neurointervention get developed allowing us to enhance various aspects of our mental functioning, we should work to prevent the use of such interventions from ever becoming the “new normal,” that is, a practice expected—even if not directly required—by employers. The author’s response to that claim is that, unlike compulsion or most cases of direct coercion, indirect coercion to use such neurointerventions is, per se, no more problematic than the (...)
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  6.  36
    Money, coercion, and undue inducement: attitudes about payments to research participants.E. A. Largent, C. Grady, F. G. Miller & A. Wertheimer - 2012 - IRB: Ethics & Human Research 34 (1):1-8.
    Using payment to recruit research subjects is a common practice, but it raises ethical concerns that coercion or undue inducement could potentially compromise participants’ informed consent. This is the first national study to explore the attitudes of IRB members and other human subjects protection professionals concerning whether payment of research participants constitutes coercion or undue influence, and if so, why. The majority of respondents expressed concern that payment of any amount might influence a participant’s decisions or behaviors regarding (...)
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  7. Moral Coercion.Saba Bazargan - 2014 - Philosophers' Imprint 14.
    The practices of using hostages to obtain concessions and using human shields to deter aggression share an important characteristic which warrants a univocal reference to both sorts of conduct: they both involve manipulating our commitment to morality, as a means to achieving wrongful ends. I call this type of conduct “moral coercion”. In this paper I (a) present an account of moral coercion by linking it to coercion more generally, (b) determine whether and to what degree the (...)
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  8. Coercion and the Neurocorrective Offer.Jonathan Pugh - forthcoming - In David Rhys Birks & Thomas Douglas (eds.), reatment for Crime: Philosophical Essays on Neurointerventions in Criminal Justice. Oxford, UK:
    According to what Douglas calls ‘the consent requirement’, neuro-correctives can only permissibly be provided with the valid consent of the offender who will undergo the intervention. Some of those who endorse the consent requirement have claimed that even though the requirement prohibits the imposition of mandatory neurocorrectives on criminal offenders, it may yet be permissible to offer offenders the opportunity to consent to undergoing such an intervention, in return for a reduction to their penal sentence. I call this the neurocorrective (...)
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  9. Coercion and public justification.Colin Bird - 2013 - Politics, Philosophy and Economics (3):1470594-13496073.
    According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that assumption. While (...)
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  10. Coercion, Threats, and the Puzzle of Blackmail.Grant Lamond - 1996 - In A. P. Simester & A. T. H. Smith (eds.), Harm and Culpability. Oxford University Press. pp. 215-38.
    This paper discusses the puzzle of blackmail, i.e. the way in which the threat of an otherwise legally permissible action can in some cases constitute blackmail. It argues that the key to understanding blackmail is in terms of coercion and threats, and the effect such threats have on the validity of a victim’s consent. The nature of coercion and of coercive threats is considered in detail to support the thesis that threats are prima facie impermissible, though often justified (...)
     
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  11. Law, Coercion and Folk Intuitions.Lucas Miotto, Guilherme F. C. F. Almeida & Noel Struchiner - 2023 - Oxford Journal of Legal Studies 43 (1):97-123.
    In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in (...)
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  12. Coercion and Justice.Laura Valentini - 2011 - American Political Science Review 105 (1):205-220.
    In this article, I develop a new account of the liberal view that principles of justice are meant to justify state coercion, and consider its implications for the question of global socioeconomic justice. Although contemporary proponents of this view deny that principles of socioeconomic justice apply globally, on my newly developed account this conclusion is mistaken. I distinguish between two types of coercion, systemic and interactional, and argue that a plausible theory of global justice should contain principles justifying (...)
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  13. Coercion.Robert Nozick - 1969 - In White Morgenbesser (ed.), Philosophy, Science, and Method: Essays in Honor of Ernest Nagel. St Martin's Press. pp. 440--72.
     
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  14.  10
    Beneficial Coercion in Psychiatry?: Foundations and Challenges.Jakov Gather, Tanja Henking, Alexa Nossek & Jochen Vollmann (eds.) - 2017 - Münster: Mentis.
    Coercion in the treatment of persons suffering from mental disorders is one of the major ethical controversies in psychiatry. Despite great efforts to reduce the use of coercive interventions, they are still widespread and differ between European countries regarding the specific type of intervention and the number of patients affected. It is common to justify measures against the present will of patients under the assumption that they promote their well-being, that is, by reference to the ethical principal of beneficence. (...)
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  15. 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 (...)
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  16.  51
    Coercion vs. indeterminacy in opaque verbs.Ede Zimmermann - manuscript
    This paper is about the semantic analysis of opaque verbs such as seek and owe, which allow for unspecific readings of their indefinite objects.1 One may be looking for a good car without there being any car that one is looking for; or, one may be looking for a good car in that a specific car exists that one is looking for. It thus appears that there are two interpretations of these verbs – a specific and an unspecific one – (...)
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  17. Consent, Coercion, and Sexual Autonomy.Jeffrey Gauthier - 1999 - In Keith Burgess-Jackson (ed.), A Most Detestable Crime: New Philosophical Essays on Rape. Oxford University Press. pp. 71-91.
    Feminist legal scholarship has questioned the usefulness of non-consent as a criterion for rape. Under conditions of generalized sexual oppression, consent may not be an adequate for absence of coercion. I defend this argument and propose that rape law reform can be usefully informed by state protection of workers in the capitalist labor market, where it is assumed that the parties occupy an unequal bargaining position.
     
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  18.  15
    Coercion: A Nonevaluative Approach.Michael R. Rhodes (ed.) - 2021 - BRILL.
    In this book, Rhodes provides a nonevaluative account of coercion. He begins with a thorough discussion of the charge that coercion is an essentially contested concept. He argues that effective communication of regulations pertaining to human conduct requires a basic level of clarity as to the kind of conduct being regulated. Accordingly, he argues that before we prescribe or proscribe conduct, we should describe it. In short, he maintains that wherever possible description should precede prescription and proscription. Rhodes (...)
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  19.  81
    Coercion and Moral Responsibility.Denis G. Arnold - 2001 - American Philosophical Quarterly 38 (1):53 - 67.
    In this dissertation I develop a general theory of coercion that allows one to distinguish cases of interpersonal coercion from cases of persuasion or manipulation, and cases of institutional coercion from cases of oppression. The general theory of coercion that I develop includes as one component a theory of second-order coercion. Second-order coercion takes place whenever one person intentionally impairs the formation of the second-order desires of another person, or constrains them after their formation, (...)
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  20.  33
    Coercion and Integrity.Elinor Mason - 2012 - In Mark Timmons (ed.), Oxford Studies in Normative Ethics: Volume 2. Oxford University Press.
    Williams argues that impartial moral theories undermine agents’ integrity by making them responsible for allowings as well as doings. I argue that in some cases of allowings, where there is an intervening agent, the agent has been coerced, and so is not fully responsible. I provide an analysis of coercion. Whether an agent is coerced depends on various things (the coercer must provide strong reasons, and the coercer must have a mens rea), and crucially, the coercee’s action is rendered (...)
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  21.  8
    Coercion and public justification.Colin Bird - 2014 - Politics, Philosophy and Economics 13 (3):189-214.
    According to recently influential conceptions of public reasoning, citizens have the right to demand of each other ‘public justifications’ for controversial political action. On this view, only arguments that all reasonable citizens can affirm from within their diverse ethical standpoints can count as legitimate justifications for political action. Both proponents and critics often assume that the case for this expectation derives from the special justificatory burden created by the systematically coercive character of political action. This paper challenges that assumption. While (...)
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  22.  7
    Coercion and the Nature of Law.Kenneth Einar Himma - 2020 - Oxford University Press.
    This book makes a systematic defence of the Coercion Thesis in law, arguing that coercion or enforcement mechanisms are not only a necessary feature of legal systems, but a conceptually necessary feature of legal systems.
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  23. Coercion.Alan Wertheimer - 1989 - Ethics 99 (3):642-644.
     
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  24.  93
    Coercion, Incarceration, and Chemical Castration: An Argument From Autonomy.Thomas Douglas, Pieter Bonte, Farah Focquaert, Katrien Devolder & Sigrid Sterckx - 2013 - Journal of Bioethical Inquiry 10 (3):393-405.
    In several jurisdictions, sex offenders may be offered chemical castration as an alternative to further incarceration. In some, agreement to chemical castration may be made a formal condition of parole or release. In others, refusal to undergo chemical castration can increase the likelihood of further incarceration though no formal link is made between the two. Offering chemical castration as an alternative to further incarceration is often said to be partially coercive, thus rendering the offender’s consent invalid. The dominant response to (...)
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  25.  21
    Voluntary Coercion. Collective Action and the Social Contract.Magnus Jiborn - unknown
    This work provides a game theoretical analysis of the classical idea of a social contract. According to what we might call the Hobbesian justification of the state, coercion is necessary in order to provide people with basic security and to enable them to successfully engage in mutually beneficial cooperation. The establishment and maintenance of a central coercive power, i.e. a state, can therefore be said to be in everyone's interest. The aim of this essay is to examine and evaluate (...)
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  26.  93
    Doxastic coercion.Benjamin McMyler - 2011 - Philosophical Quarterly 61 (244):537-557.
    I examine ways in which belief can and cannot be coerced. Belief simply cannot be coerced in a way analogous to central cases of coerced action, for it cannot be coerced by threats which serve as genuine reasons for belief. But there are two other ways in which the concept of coercion can apply to belief. Belief can be indirectly coerced by threats which serve as reasons for acting in ways designed to bring about a belief, and it can (...)
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  27. Coercion and moral responsibility.Harry Frankfurt - 1973 - In Ted Honderich (ed.), Essays on Freedom of Action. Routledge and Kegan Paul. pp. 65.
     
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  28. Coercion and the Hiddenness of God.Michael J. Murray - 1993 - American Philosophical Quarterly 30 (1):27 - 38.
  29. Coercion.Scott Anderson - 2011 - Stanford Encyclopedia of Philosophy.
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  30.  77
    Coercion, Consent, and the Mechanistic Question.Hallie Liberto - 2021 - Ethics 131 (2):210-245.
    In this article I examine the most prevalent explanation for why coercion ever undermines consent, an explanation that I call “moral debilitation.” On this view, the manipulative strategy of coerci...
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  31. Coercion in community health care-an ethical analysis.Tania Gergel & George Szmukler - 2016 - In A. Molodynski, J. Rugkasa & T. Burns (eds.), Coercion in Community Mental Health Care: International Perspectives. Oxford University Press.
    A book chapter exploring the potential consquences and ethical ramifications of using coercive measures within community mental healthcare. We argue that, althogh the move towards 'care in the community' may have had liberalising motivations, the subsequent reduction in inpatient or other supported residential provision, means that there has been an increasing move towards coercive measures outside of formal inpatient detention. We consider measures such as Community Treatment Orders, inducements, and other forms of leverage, explaining the underlying concepts, aims, and exploring (...)
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  32.  19
    Coercion and the Varieties of Free Action.Peter Baumann - 2003 - Ideas Y Valores 52 (122):31-49.
    Are we free? What does "freedom" mean here? In the following, I shall only focus with freedom of action. My main thesis is that there is not just one basic type of free action but more. Philosophers, however, tend to assume that there is just one way to act freely. Hence, a more detailed analysis of free action is being called for. I will distinguish between different kinds of free action and discuss the relations between them. The analysis of different (...)
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  33.  55
    Coercion, political accountability, and voter ignorance: The mistaken medicaid expansion ruling in NFIB v. Sebelius.Alexander A. Guerrero - 2013 - Public Affairs Quarterly 27 (3).
    Although the individual mandate was upheld and the Commerce Clause may have been cabined, the decision to strike down a significant element of the “Medicaid expansion” may prove to be the most significant aspect of the Supreme Court’s decision in NFIB v. Sebelius. Under the Affordable Care Act (ACA), States were required to extend Medicaid coverage to all individuals under the age of 65 with incomes below 133 percent of the poverty line, a new “essential health benefits” package was required (...)
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  34.  53
    Legal Coercion, Respect & Reason-Responsive Agency.Ambrose Y. K. Lee - 2014 - Ethical Theory and Moral Practice 17 (5):847-859.
    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 (...)
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  35. Indoctrination, coercion and freedom of will.Gideon Yaffe - 2003 - Philosophy and Phenomenological Research 67 (2):335–356.
    Manipulation by another person often undermines freedom. To explain this, a distinction is drawn between two forms of manipulation: indoctrination is defined as causing another person to respond to reasons in a pattern that serves the manipulator’s ends; coercion as supplying another person with reasons that, given the pattern in which he responds to reasons, lead him to act in ways that serve the manipulator’s ends. It is argued that both forms of manipulation undermine freedom because manipulators track the (...)
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  36.  22
    Beneficial Coercion in Psychiatric Care: Insights from African Ethico‐Cultural System.Cornelius Olukunle Ewuoso - 2018 - Developing World Bioethics 18 (2):91-97.
    There is a ‘catch 22’ situation about applying coercion in psychiatric care. Autonomous choices undeniably are rights of patients. However, emphasizing rights for a mentally-ill patient could jeopardize the chances of the patient receiving care or endanger the public. Conversely, the beneficial effects of coercion are difficult to predict. Thus, applying coercion in psychiatric care requires delicate balancing of individual-rights, individual well-being and public safety, which has not been achieved by current frameworks. Two current frameworks may be (...)
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  37.  3
    Coercion and Responsibility in Islam: A Study in Ethics and Law.Mairaj U. Syed - 2016 - Oxford University Press UK.
    In Coercion and Responsibility in Islam, Mairaj Syed explores how classical Muslim theologians and jurists from four intellectual traditions argue about the thorny issues that coercion raises about responsibility for one's action. This is done by assessing four ethical problems: whether the absence of coercion or compulsion is a condition for moral agency; how the law ought to define what is coercive; coercion's effect on the legal validity of speech acts; and its effects on moral and (...)
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  38.  2
    Coercion.Grant Lamond - 2010 - In Dennis Patterson (ed.), A Companion to Philosophy of Law and Legal Theory. Oxford, UK: Wiley‐Blackwell. pp. 642–653.
    This chapter contains sections titled: Coercion Law References.
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  39.  65
    Coercion.Juri Viehoff - 2014 - In The Encyclopedia of Political Thought. Chichester: Wiley.
    Claims about coercion play a significant role in some of the most important questions in political philosophy: most ordinary citizens as well as philosophers think that the exercise of power by the state and other political institutions is coercive, and as such requires special justification. Political philosophy, it has been assumed, must assess both the truth of that claim and its relevance for whether or not states, in general, can be justified. Whether the state is always or necessarily coercive (...)
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  40. Coercion, Value and Justice: Redistribution in a Neutral State.Michael Hemmingsen - 2014 - Theoria: A Journal of Social and Political Theory 61 (138):37-49.
    I argue that a commitment to liberal neutrality, and an opposition to coercion, means that we ought to support a redistributive state in which wealth, insofar as it is instrumental in allowing us to pursue our ends, is equalised. This is due to the fact that any conception of justice and desert works in favour of some, but against others, and that those who lose out by any particular conception are likely not to consent to it (meaning that its (...)
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  41. Coercion as enforcement, and the social organization of power relations: A rubric for distinguishing coercion from related phenomena.Scott Anderson - unknown
    The traditional understanding of coercion as exemplified by the use of force and violence to constrain the actions of agents has been challenged by theories that describe coercion instead in terms of the pressure it puts on some agents to act or refrain from acting. Building on earlier work defending the traditional understanding and rejecting the ‘pressure’ accounts of coercion, I argue in this paper that the traditional understanding of coercion, which I dub ‘coercion as (...)
     
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  42. Kant, coercion, and the legitimation of inequality.Benjamin L. McKean - 2022 - Critical Review of International Social and Political Philosophy 25 (4):528-550.
    Immanuel Kant’s political philosophy has enjoyed renewed attention as an egalitarian alternative to contemporary inequality since it seems to uncompromisingly reassert the primacy of the state over the economy, enabling it to defend the modern welfare state against encroaching neoliberal markets. However, I argue that, when understood as a free-standing approach to politics, Kant’s doctrine of right shares essential features with the prevailing theories that legitimate really existing economic inequality. Like Friedrich Hayek and Milton Friedman, Kant understands the state’s function (...)
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  43.  22
    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 (...)
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  44. Coercion and the nature of law.Grant Lamond - 2001 - Legal Theory 7 (1):35-57.
    It is a commonplace that coercion forms part of the nature of law: Law is inherently coercive. But how well founded is this claim, and what would it mean for coercion to be part of the of law? This article suggests that the claim is grounded in our current conception of law. The main focus of the article, however, is upon two major lines of argument that attempt to establish a link between law and coercion: one based (...)
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  45. Justification, coercion, and the place of public reason.Chad Van Schoelandt - 2015 - Philosophical Studies 172 (4):1031-1050.
    Public reason accounts commonly claim that exercises of coercive political power must be justified by appeal to reasons accessible to all citizens. Such accounts are vulnerable to the objection that they cannot legitimate coercion to protect basic liberal rights against infringement by deeply illiberal people. This paper first elaborates the distinctive interpersonal conception of justification in public reason accounts in contrast to impersonal forms of justification. I then detail a core dissenter-based objection to public reason based on a worrisome (...)
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  46.  13
    Coercion, Interrogation, and Prisoners of War.Nathan Lake & Jonathan Trerise - 2022 - Journal of Military Ethics 21 (2):151-161.
    The law of armed conflict prevents the coerced extraction of information from Prisoners of War (PoWs). We claim, however, that the letter of that law involves too broad a concept of coercion. On a natural reading, there is a sense in which any extraction of information—by any method—is coercive. We respect the notion that PoWs ought not be treated poorly, but we argue “coercion” should not be understood so broadly. With respect to its use in international law, we (...)
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  47.  28
    Coercion, Stability, and Indoctrination in the Pejorative Sense.William A. Edmundson - manuscript
    John Rawls argued in A Theory of Justice that “justice as fairness…is likely to have greater stability than the traditional alternatives since it is more in line with the principles of moral psychology”. In support, he presented a psychology of moral development that was informed by a comprehensive liberalism. In Political Liberalism, Rawls confessed that the argument was “unrealistic and must be recast”. Rawls, however, never provided a psychology of moral development informed by a specifically political liberalism, leaving it at (...)
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  48. Authorized Coercion in the Introduction to Kant's Doctrine of Right.Fdbio Frangois Mendonga da Fonseca - 2008 - In Valerio Hrsg V. Rohden, Ricardo Terra & Guido Almeida (eds.), Recht Und Frieden in der Philosophie Kants. pp. 323.
     
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  49. Coercion, Authority, and Democracy.Grahame Booker - 2009 - Dissertation, Waterloo
    As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that (...)
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  50. Paternalism, Coercion and Manipulation in Psychiatry.Thomas Schramme - 2012 - In Jan Joerden (ed.), Menschenwürde in der Medizin: Quo Vadis? Nomos. pp. 147-160.
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