Concepts such as ‘coercion’ and ‘inducement’ are often used within bioethics without much reflection upon what they mean. This is particularly so in research ethics where they are assumed to imply that payment for research participation is unethical. Wertheimer and Miller advance our thinking about these concepts and research ethics in a significant way, specifically by questioning the possibility of genuine offers ever being coercive. This commentary argues that they are right to question this assumption, however, more needs (...) to be said about the plausible coercive offer cases and to explain the normativity of these cases. (shrink)

A prominent argument against a market in kidneys is the Argument from Coercion. AfC claims that a market would violate the autonomy of typical suppliers by presenting them with coercive offers. Engaging with Cherry’s response to AfC, this paper argues that while a consistent AfC could be constructed, it would still fail to justify a prohibition of a market. AfC, as fully formulated, only holds if we assume that the state is obligated to provide for the basic needs (...) of its citizens. Once such a state functions ideally, a market ceases to involve coercion, thus making a prohibition redundant. In fact, such a state’s obligation to care for its citizens supports a market in kidneys. On the other hand, if the state is dysfunctional, then while a market could involve coercive offers, a prohibition would not restore, and would present a further constraint on, individual autonomy. (shrink)

A prominent argument against a market in kidneys is the Argument from Coercion. AfC claims that a market would violate the autonomy of typical suppliers by presenting them with coercive offers. Engaging with Cherry’s response to AfC, this paper argues that while a consistent AfC could be constructed, it would still fail to justify a prohibition of a market. AfC, as fully formulated, only holds if we assume that the state is obligated to provide for the basic needs (...) of its citizens. Once such a state functions ideally, a market ceases to involve coercion, thus making a prohibition redundant. In fact, such a state’s obligation to care for its citizens supports a market in kidneys. On the other hand, if the state is dysfunctional, then while a market could involve coercive offers, a prohibition would not restore, and would present a further constraint on, individual autonomy. (shrink)

Volume 19, Issue 9, September 2019, Page 64-66.

In 1969 Robert Nozick published the first extensive philosophical analysis of the concept of coercion. His analysis has since generated a great deal of controversy. This dissertation is an attempt to resolve much of the controversy. It begins with a detailed review of recent work on coercion. Based on the lessons learned in this review, a new theory of coercion and its ethics is proposed. The theory identifies the essential features of a coerced choice and distinguishes several senses in which (...) we might say that someone is coerced. By allowing for different senses of coercion with a common core, the theory is able to account for examples that are problematic without losing sight of valuable distinctions. For instance, one particularly controversial group of examples involves offers that appear to be coercive, even when no threat is present. The new theory allows many of these offers to be termed coercive, but not in the same strict sense that is associated with coercive threats. The treatment of the ethics of coercion that is presented in this dissertation is more comprehensive than any previous treatment of the topic. It challenges some commonly held beliefs. Most significantly, it challenges the belief that coercion is in itself a great moral evil. Many instances of coercion involve no moral violation. Immoral instances of coercion are generally immoral, not because of the coercion per se, but because of other morally objectionable features of the situation. The dissertation ends with an application of the new theory of coercion and its ethics to a public policy problem of current interest. (shrink)

John McMillan's article raises numerous important points about the ethics of surgical castration of sex offenders.1 In this commentary, we focus solely on and argue against the claim that the offer of release from detention conditional upon surgical castration is a coercive offer that compromises the validity of the offender's consent. We take no view on the question as to whether castration for sex offenders is ethically permissible. But, we reject the claim that it is ethically permissible only if (...) competing ethical considerations outweigh worries about coercion. For in the situation described, the proposal is not coercive at all.McMillan states that if offenders agree to castration because they fear long-term detention, then ‘it seems, intuitively, as if agreeing to be castrated under these conditions makes the decision coerced in some way.’1 He adds that if castration is ‘the only way that they will be released back into the community, the status of this decision as a genuine expression of their autonomy is questionable.’1 In defence of his claim, he uses two analogies that he borrows from Joel Feinberg. First, if a governor offers to commute a death sentence if the prisoner agrees to participate in a medical experiment, then ‘it's clear that the governor is coercing the prisoner.’1 Second, if a millionaire offers to give a woman $1 000 000 …. (shrink)

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 for participation. For sacrifices considered compensable, we ought to offer either no payment or payment at a level deemed fair, while for sacrifices deemed incompensable, we always ought to offer no payment because as compensation appears and increases, so too does coercion. This article provides a model for thinking of the way in which degrees of exploitativeness, irresistibility, and coerciveness interact with the size of the reward for compensable and incompensable cases. T... (shrink)

In my reply to Wertheimer and Miller's paper on coercive offers and payment for research participation1 I claim that ‘… it's not unreasonable to suppose that there is another normative aspect to these cases, over and above the voluntariness of consent. While the parents of children at Willowbrook and the millionaire's mistress might have given consent that was voluntary and informed, they are still wronged by taking up this offer…’2 Furthermore, nowhere in my paper on surgical castration do (...) I claim that coercive offers invalidate consent,3 and I suggest that Bomann-Larsen has come closest to cashing this out correctly with her idea that ‘the wrongness of these coercive offers has more to do with the wilful creation of choices that take advantage of others vulnerabilities…’.4 So, it is puzzling that they object to my analysis of coercion and castration because coercive offers are not readily unpacked as a problem with consent. …. (shrink)

In American legal journals over the last decade there were hundreds of pages of articles worrying over threats to justice and freedom arising from the power to withhold benefits. Government officials have tremendous discretion to offer or withhold foreign aid, ration-books, government contracts and jobs, welfare subsidies, public housing, tariff protection, academic grants, alien resident status, paroles, or exemption from conscription or combat, from arrest or prosecution or imprisonment. Right-wing economists have worried about welfare-state emphasis on administrative discretion rather than (...) the rule of law. And left-wing economists have worried about the rich man's power to intimidate the poor man by threatening to cut off his productive work. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” (...) if P had not wanted Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

A dozen philosophers have recently groped for a formula to pick out coercive offers: when P proposes to give a benefit or withhold a harm for Q’s compliance, when does p’s proposal count as coercive? Five formulae are analyzed here. One account is completely “moralized,” claiming that we can’t pick out coercive offers without first settling questions of rights. Two accounts are completely “non-moral,” using as criterion a baseline of “What would in fact have happened” (...) if P had not wanted Q’s compliance. Finally, two accounts offer “two-baseline” accounts, asking “What should have happened?” and/or “What would have happened otherwise?” four accounts are found quite inadequate; the fifth account (my own earlier formula) is threatened by two odd counter cases. Finally, an alternative to “defining coercion” is sketched. (shrink)

There is disagreement in the coercion literature over whether an offer, which necessarily lacks a threat, could be coercive, which tends to imply at least some affinity with coercion, which, in paradigm cases, includes a threat. In one difficult sexual harassment case, someone is offered a promotion in exchange for sex, but there is, due to the arrangement of the case, no implied threat or repercussion for refusal. I argue this case counts as coercive since the offer-making attempts (...) to recast the agent's self-image simply by making the offer: the harasser attempts to define his employee as a sexualized object in the workplace to whom it is acceptable to make this kind of offer. Yet, such an offer can only be acceptably made to a woman who would accept sexual intrusions in her career, and it can never be right to assume others are willing to have their business lives sexualized. Thus, the offer is coercive in its disrespect for the employee's autonomy, although it involves no threat. (shrink)

The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment have conducted visits and written reports criticising the surgical castration of sex offenders in the Czech Republic and Germany. They claim that surgical castration is degrading treatment and have called for an immediate end to this practice. The Czech and German governments have published rebuttals of these criticisms. The rebuttals cite evidence about clinical effectiveness and point out this is an intervention that must be requested (...) by the sex offender and cannot occur without informed consent. This article considers a number of relevant arguments that are not discussed in these reports but which are central to how we might assess this practice. First, the article discusses the possible ways in which sex offenders could be coerced into castration and whether this is a decisive moral problem. Then, it considers a number of issues relevant to determining whether sex offenders are harmed by physical castration. The article concludes by arguing that sex offenders should not be coerced into castration, be that via threats or offers, but that there is no reason to think that this is occurring in the Czech Republic or Germany. In some cases, castration might be useful for reconfiguring a life that has gone badly awry and where there is no coercion, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment are mistaken about this being degrading treatment. (shrink)

Payment for research participation has raised ethical concerns, especially with respect to its potential for coercion. We argue that characterising payment for research participation as coercive is misguided, because offers of benefit cannot constitute coercion. In this article we analyse the concept of coercion, refute mistaken conceptions of coercion and explain why the offer of payment for research participation is never coercive but in some cases may produce undue inducement.

If a patient complies voluntarily with a certain proposal, we generally regard the treatment as legitimate. But a competent patient may also assent to a certain treatment only because he was compelled to do so. Influences on the formation of his decision may render his choice contrary to his will. It is my aim to focus on these particular forms of coercion which are often neglected in discussions of informed consent.

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 (...) des améliorations par rapport à celle de Nozick. On essaiera de montrer, cependant, qu'aucune de ces approches ne fournit une analyse adéquate des menaces et des offres coercitives. (shrink)

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 (...) des améliorations par rapport à celle de Nozick. On essaiera de montrer, cependant, qu'aucune de ces approches ne fournit une analyse adéquate des menaces et des offres coercitives. (shrink)

The notion of a defendant submitting a false guilty plea due to the penal incentive offered is not an uncommon phenomenon. While the practice has been legitimised based on the defendant’s voluntary informed consent, it has often been argued that the structure of the plea-bargaining practice is coercive. Such can be the case whenever the plea offer entails a significant sentence differential, discrepancy in the form of punishment (a non-custodial sentence relative to a custodial one), or when the alternative (...) of pleading guilty includes the risk of capital punishment. Having said that, plea-bargains have often been classified as a “non-coercive offer”, whether due to their advantageous mutual character according to a baseline conception of coercion or being an offer that one can overcome according to an irresistible psychological account. While many scholars have struggled with the ambiguous notion of “coercive offers,” the paper offers an alternative approach, arguing that it is the type of reasons to be considered within the offer that renders the bargain less than fully autonomous. It will be argued that the plea-bargain proposition infuses irrelevant (guilt-uncorrelated) penal considerations unrelated to the question of guilt. Such considerations are the wrong kind of reason for the guilty-plea decision, and due to the defendant’s dependency on the plea offer, they distort the defendant’s intentional character of her autonomous decision. It is part of the conception of the guilty plea. Though a defendant may autonomously intend to consider irrelevant penal considerations, such a decision cannot be genuinely considered a decision regarding the admission of guilt. (shrink)

Is it morally acceptable to instigate criminal offenders to participate in rehabilitative treatment by offering treatment in return for early release from prison? Some theorists have supported such treatment schemes by pointing to the beneficial consequences that follow from the treatment. Others have suggested that the schemes are unacceptably coercive, which implies that consent becomes an illusion. This paper argues that the discussion—with clear parallels to debates of other healthcare treatment offers in medical ethics—has adopted a too narrow (...) focus. By failing to consider the question as a penal theoretical problem, the arguments—both by proponents and critics of coercive treatment—become premature. (shrink)

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals' liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. (...) Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service 'consumers' and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society's most vulnerable citizens in the names of 'justice' and 'treatment'. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field. (shrink)

Treatment pressures are communicative strategies that mental health professionals use to influence the decision-making of mental health service users and improve their adherence to recommended treatment. Szmukler and Appelbaum describe a spectrum of treatment pressures, which encompasses persuasion, interpersonal leverage, offers and threats, arguing that only a particular type of threat amounts to informal coercion. We contend that this account of informal coercion is insufficiently sensitive to context and fails to recognize the fundamental power imbalance in mental healthcare. Based (...) on a set of counterexamples, we argue that what makes a proposal coercive is not whether service users will actually be made worse off if they reject the proposal, but rather whether they have the justified belief that this is the case. Whether this belief is justified depends on the presence of certain contextual factors, such as strong dependency on professionals and the salient possibility of formal coercion. (shrink)

The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty of states (...) and the principle of nonintervention. Second, I offer a decision-making procedure for justified intervention. Finally, I argue that there is an important difference between the strategic argument and the humanitarian argument, a difference that may have profound implications for the future use of the latter argument by our political leaders. (shrink)

Heroin use poses a significant health and economic burden to society, and individuals with heroin dependence are responsible for a significant amount of crime. Owing to its efficacy and cost-effectiveness, methadone maintenance therapy (MMT) is offered as an optional alternative to imprisonment for drug offenders in several jurisdictions. Some object to such 'MMT offers' on the basis that they involve coercion and thus invalidate the offender's consent to MMT. While we find these arguments unpersuasive, we do not attempt to (...) build a case against them here. Instead, we explore whether administration of MMT following acceptance of an MMT offer might be permissible even on the assumption that MMT offers are coercive, and in such a way that the resulting MMT is non-consensual. We argue that non-consensual MMT following an MMT offer is typically permissible. We first offer empirical evidence to demonstrate the substantial benefits to the offender and society of implementing non-consensual MMT in the criminal justice system. We then explore and respond to potential objections to such uses of MMT. These appeal respectively to harm, autonomy, bodily and mental interference, and penal theoretic considerations. Finally, we introduce and dismiss a potential response to our argument that takes a revisionist position, rejecting prevailing incarceration practices. (shrink)

Coercive subtyping offers a general approach to subtyping and inheritance by introducing a simple abbreviational mechanism to constructive type theories. In this paper, we study coercion completion in coercive subtyping and prove that the formal extension with coercive subtyping of a type theory such as Martin–Löf's type theory and UTT is a conservative extension. The importance of coherence conditions for the conservativity result is also discussed.

The idea that payment for research participation can be coercive appears widespread among research ethics committee members, researchers, and regulatory bodies. Yet analysis of the concept of coercion by philosophers and bioethicists has mostly concluded that payment does not coerce, because coercion necessarily involves threats, not offers. In this article we aim to resolve this disagreement by distinguishing between two distinct but overlapping concepts of coercion. Consent-undermining coercion marks out certain actions as impermissible and certain agreements as unenforceable. (...) By contrast, coercion as subjection indicates a way in which someone’s interests can be partially set back in virtue of being subject to another’s foreign will. While offers of payment do not normally constitute consent-undermining coercion, they do sometimes constitute coercion as subjection. We offer an analysis of coercion as subjection and propose three possible practical responses to worries about the coerciveness of payment. (shrink)

This article offers a thorough analysis of the unintended impact economic sanctions have on political repression—referred to in this study as the level of the government respect for democratic freedoms and human rights. We argue that economic coercion is a counterproductive policy tool that reduces the level of political freedoms in sanctioned countries. Instead of coercing the sanctioned regime into reforming itself, sanctions inadvertently enhance the regime’s coercive capacity and create incentives for the regime’s leadership to commit political (...) repression. Cross-national time series data support our argument, confirming that the continued use of economic sanctions (even when aimed at promoting political liberalization and respect for human rights) will increase the level of political repression. These findings suggest that both scholars and policy makers should pay more attention to the externalities caused by economic coercion. (shrink)

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 (...) offer. In this chapter I consider the coercion-based objection to the neurocorrective offer, which claims that offenders cannot provide valid consent to undergoing a neurocorrective on the basis of this offer because it is inherently coercive. Having outlined early formulations of this argument, I point out that there are in fact two different versions of this objection, which appeal to different understandings of the concepts of coercion, consent and voluntariness. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Offering Hospitality: Questioning Christian Approaches to War by Caron E. GentryAndrew C. WrightOffering Hospitality: Questioning Christian Approaches to War Caron E. Gentry notre dame, in: university of notre dame press, 2013. 200 pp. $20.00Caron E. Gentry provides a constructive proposal for transforming jus ad bellum’s last-resort criterion through the reconceptualization of hospitality as “an essential practice” (2) in international relations, one that helps jus ad bellum “operate proactively (...) instead of coercively and reactively” (35) by seeking to protect “without interest the good and the bad of humanity and humans” (3). Gentry is particularly concerned with marginalized peoples who inhabit failed states, whose realities are willfully ignored through the “abstraction” and “hegemonic masculinity” in international relations, as well as in the dominant voices in political theology (Reinhold Niebuhr, Stanley Hauerwas, and Jean Bethke Elshtain) that support an “uncritical complicity with power … unable to deal with vulnerable populations outside of the West” (27). Understood in Christian terms as a practice of “agape,” or “self-giving love,” Gentry demonstrates how hospitality may be a plausible alternative to the paradigmatic approach to power in international relations, suggesting that acting without self-interest is a path to greater and more sustainable security (62).Gentry engages an impressive array of sources to structure her argument. For her critique of international relations discourse, she turns to feminist analyses of state sovereignty to demonstrate how a masculinized understanding of power abstracts the realities of war experienced by human populations (18). Drawing on a “human security” perspective (35), Gentry suggests that the prevention of violent conflict requires a proactive practice—using tools such as the Failed State Index—that attends to the realities of vulnerable populations within states before they erupt into violent conflict (34). Her emphasis on vulnerability and the mutual need for the other reveals Emmanuel Levinas as the primary influence on Gentry’s approach. Refracted through this vision, she opts for a practice of hospitality that moves beyond the realist, pacifist, and just war traditions to cultivate a “proactive last resort” that would extend care to the needs of the vulnerable beyond one’s own borders (136).Strengthening jus ad bellum’s last-resort criterion through a reconceived, proactive practice of hospitality is Gentry’s most compelling contribution, one that is particularly insightful for practitioners and theorists of the just war tradition. Yet readers may get the sense that Gentry wants to push her [End Page 204] contribution beyond the limits of political theology to shape the normative practices of international affairs; this is where Gentry’s persuasive force begins to wane. Specifically, Gentry obscures the genuine differences between an ecclesial practice of agape, embedded in a particular understanding of the nature of God, and the international affairs of a state, embedded in a game of realpolitik, where invulnerability is the rule. In order for Gentry to stake a claim in such a context, she needs to develop a more grounded account of how states could accept vulnerability as a normative practice in order to act without self-interest.Certainly, interdependence and mutual vulnerability are the right place to start. However, this kind of change does not simply concern the dominant patterns of international relations but also involves a change in shared conceptions about basic human nature. As such, her wider contribution may be less about a comprehensive framework and more about a potentially transformational question for theorists in international relations, political philosophy, and Christian ethics alike: What will it require for populations within states to recognize their own vulnerability and dependency, to see the well-being of “the other,” including the enemy, as essential to their own security? After Gentry, any answer to this question must move beyond patterns of hegemony and abstraction, toward proactive engagement with the realities of vulnerable populations.Andrew C. WrightFuller Theological SeminaryCopyright © 2015 Society of Christian Ethics... (shrink)

Jehovah’s Witnesses should be required to sign transfusion contracts in order to be eligible for transplant.Human donor organs continue to be in short supply, and many potential transplant recipients die while waiting for an allograft to become available.1 Because the organ supply is so limited and the offering of organs is based on the generosity of patients and families, proper stewardship of these organs is an ethical obligation for transplant teams, as well as organ recipients. Preventable graft loss must be (...) protected against, and factors that foster preventable graft loss—for example, non-compliance must be proactively contemplated when patients are reviewed as potential transplant candidates. Post-transplant treatment refusal is one example of behaviour that can compromise transplant success.JEHOVAH’S WITNESSES AS TRANSPLANT RECIPIENTSIt is widely known that one of the most significant teachings of the Jehovah’s Witness church is abstinence from receiving blood transfusions.2 Believers derive this tenet from the Bible verse: “You are to abstain from …blood”.3 While blood loss is a risk of transplant surgery, some centres do not view patient refusal of blood transfusion as a transplant exclusion criterion. The first published case of transplantation of a Jehovah’s Witness appeared in 1986 from the University of California Los Angeles heart transplant team.4 Since then, numerous other cases have been published, including liver,5 kidney,6 pancreas,6 and lung.7 For experienced centres with superior blood management skills, transplant can indeed be a surgical success; however, optimal blood management before and during surgery are only two thirds of the patient’s clinical time clock. In the remaining third, the post-transplant period, the patient has received his/her organ, yet the potential for clinical need of blood transfusion remains.THE DILEMMAWhether due to postoperative complication, or future illness or trauma, all transplant recipients have …. (shrink)

Criminal offenders may be offered to participate in voluntary rehabilitation programs aiming at correcting undesirable behaviour, as a condition of early release. Behavioural treatment may include direct intervention into the central nervous system (CNS). This article discusses under which circumstances voluntary rehabilitation by CNS intervention is justified. It is argued that although the context of voluntary rehabilitation is a coercive circumstance, consent may still be effective, in the sense that it can meet formal criteria for informed consent. Further, for (...) a consent to be normatively valid (“take the wronging out of the act”) under a coercive circumstance, the subject to be treated must (1) have the sovereign authority to consent, and (2) the offer-giver must be in the right normative position to make the offer. While I argue that subjects do have the sovereign authority to consent to treatment, I also argue that inappropriate offers yield invalid consents. Considerations on inappropriate offers should therefore inform which kinds of CNS intervention-based rehabilitation schemes the state may propose as part of the criminal justice system. Yet as I conclude in this paper, while there are some intrinsic constraints on voluntary rehabilitation programs, the main constraints on voluntary rehabilitation are likely to be contingent overriders. However, CNS intervention is not ruled out as such in the context of voluntary rehabilitation. (shrink)

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 (...) class='Hi'>coercive to insist on one's rights in negotiations. (shrink)

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust.Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and social commitment (...) is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being.The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

Herbert Spencer remains a significant but poorly understood figure in 19th century intellectual life. His ideas on evolution ranged across the natural sciences and philosophy, and he pioneered new ideas in psychology and sociology. This book comprehensively examines his work and strips away common misconceptions about his sociology" --Provided by publisher.

Since the 1940s Americans and Britons have come to enjoy an era of rising material abundance. Yet this has been accompanied by a range of social and personal disorders, including family breakdown, addiction, mental instability, crime, obesity, inequality, economic insecurity, and declining trust. Avner Offer argues that well-being has lagged behind affluence in these societies, because they present an environment in which consistent choices are difficult to achieve over different time ranges and in which the capacity for personal and social (...) commitment is undermined by the flow of novelty. His approach draws on economics and social science, makes use of the latest cognitive research, and provides a detailed and reasoned critique of modern consumer society, especially the assumption that freedom of choice necessarily maximizes individual and social well-being. The book falls into three parts. Part one analyses the ways in which economic resources map on to human welfare, why choice is so intractable, and how commitment to people and institutions is sustained. It argues that choice is constrained by prior obligation and reciprocity. The second section then applies these conceptual arguments to comparative empirical studies of advertising, of eating and obesity, and of the production and acquisition of appliances and automobiles. Finally, in part three, Offer investigates social and personal relations in the USA and Britain, including inter-personal regard, the rewards and reversals of status, the social and psychological costs of inequality, and the challenges posed to heterosexual love and to parenthood by the rise of affluence. (shrink)

Previous research suggests that there are important gender disparities in the experience of leisure, but the issue of how mothers and fathers experience free time emotionally remains overlooked. The present study addressed this lacuna using the Experience Sampling Method and survey data from the 500 Family Study. Results showed that mothers and fathers spent the same amount of time on leisure activities. However, mothers had slightly less pure free time than fathers and were more likely to combine leisure with unpaid (...) work or spend time in leisure with children. Multilevel analyses showed that pure free time was associated with increased positive affect and engagement and decreased negative affect and stress, as was the combination of free time with unpaid work and personal care. These trends did not differ by gender. Adult leisure and free time with children were also beneficial to parents’ well-being. However, the relationship between free time with children and positive affect was stronger among fathers, whereas the association between adult leisure and engagement was stronger among mothers. These results suggest that mothers may feel more anxious about being criticized by others when engaging in leisure with their children, whereas spending time with adults alone may free them from the pressures of “good mothering.”. (shrink)

Adam Smith rejected Mandeville's invisible-hand doctrine of 'private vices, publick benefits'. In The Theory of Moral Sentiments his model of the 'impartial spectator' is driven not by sympathy for other people, but by their approbation. The innate capacity for sympathy makes approbation credible. Approbation needs to be authenticated, and in Smith's model authentication relies on innate virtue, which is not realistic. An alternative model of 'regard' makes use of signalling and is more pragmatic. Modern versions of the invisible hand in (...) rational choice theory and neo- liberalism are shown to be radical departures from the ethical legacy of Enlightenment and utilitarian economics, and are not consistent with Adam Smith's own position. (shrink)