This paper emphasizes a need to recognize sexual refusals both in public discourse and in the context of particular interactions. I draw on sociolinguistic work on the structure of refusals to illuminate a much-discussed case of alleged sexual violence as well as to inform how we ought to think and talk about sexual consent and refusal more generally. I argue on empirical and ideological grounds that we ought to impute the same significance to refusals uttered in sexual contexts as we (...) do to those uttered in nonsexual contexts. Finally, I propose an amendment to the definition of affirmative consent that would put it in line with the conclusions drawn in the rest of the paper. (shrink)

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 It has largely superseded the “enforcement approach,” which focuses on the powers and actions of the coercer rather than (...) the perspective of the coercee. The enforcement approach identifies coercion with certain uses of the kinds of powers that agents need to accumulate and wield in order to be able to make significant, credible threats. Though there is considerable overlap extensionally in the instances of coercion recognized by the two approaches, the enforcement approach encompasses some uses of power to coerce that do not involve threats . It also circumscribes which threats should be counted as coercive, though notably it provides a picture of coercion that is non-moralized in its essentials. While there may be specific purposes for which a pressure account is to be preferred, I argue that the enforcement approach better describes how coercion works, and elucidates factors that are often tacitly assumed by pressure accounts. It also is more useful for explaining the social and political significance of coercion, and why coercion is thought to have the implications commonly associated with it. In particular, I argue that it helps us understand why uses of coercion are in general a matter of ethical significance, why state authority depends on commanding a monopoly on the right to use coercion, and why being coerced may reasonably provide one a defense against being held responsible for actions one is coerced into taking. (shrink)

Recent accounts of coercion can be mapped onto two different axes: whether they focus on the situation of the coercee or the activities of the coercer; and whether or not they depend upon moral judgments in their analysis of coercion. Using this analysis, I suggest that almost no recent theories have seriously explored a non-moralized, coercer-focused approach to coercion. I offer some reasons to think that a theory in this underexplored quadrant offers some important advantages over theories confined to the (...) other quadrants. In particular I suggest that much of our interest in coercion depends on facts about the coercer, such as the sorts of powers coercers must possess to be able to coerce, and on the coercer's intention in using those powers to constrain or alter the coercee's activities. (shrink)

That law is coercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

That lawiscoercive is something we all more or less take for granted. It is an assumption so rooted in our ways of thinking that it is taken as a given of social reality, an uncontroversial datum. Because it is so regarded, it is infrequently stated, and when it is, it is stated without any hint of possible complications or qualifications. I will call this the “prereflective view,” and I want to examine it with the care it deserves.

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 (...) argument in three steps, by rebutting three widely held beliefs about the ethics of price gouging: 1) that laws prohibiting price gouging are morally justified, 2) that price gouging is morally impermissible behavior, even if it ought not be illegal, and 3) that price gouging reflects poorly on the moral character of those who engage in it, even if the act itself is not morally impermissible. (shrink)

In this paper we analyse the concept of coerced exchange (and partly of voluntary exchange inasmuch as the absence of coercion is its necessary condition), which is of utmost importance to economic theory in general and to the Austrian School of Economics in particular. The subject matter literature normally assumes that a coerced action occurs under threat. Threats in turn can be studied from the perspective of speech act theory, which is concerned with the speaker’s intentions. Ultimately, our goal is (...) to provide a descriptive (i.e. non-moralized) definitions of threat and coercion, based on the analysis of the coercer’s intentions. If successful, we would be in a position to present such an account of coerced and voluntary exchanges that is compatible with both speech act theory and the Austrian methodology. Although we focus on the Austrian School of Economics, we believe that our investigations might impact on economic theory in general. We also criticize a rights-based account of coercion employed in the research practice of some neo-Austrians and based on the libertarian ethic of property rights. (shrink)

Blackmail raises a pair of parallel legal and moral problems, sometimes referred to as the "paradox of blackmail". It is sometimes legal and morally permissible to ask someone for money, or to threaten to release harmful information about them, while it is illegal and morally impermissible to do these actions jointly. I address the moral version of this paradox by bringing instances of blackmail under a general account of wrongful coercion. According to this account, and contrary to the appearances which (...) give rise to the paradox, threatening the release of harmful information to constrain another's actions is almost never morally impermissible unless it is likewise impermissible to carry out one's threat. To defend this claim I identify a special wrong that arises in the paradoxical cases of threatened information release. The account also resolves a number of other puzzles about blackmail—for example, why profiting from a threat in blackmail can sometimes be impermissible, even though accepting identical payment from an independent offer to retain the same information can be permissible. (shrink)

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 (...) of pro tanto human bad (such as unfreedom or interpersonal subjection). I argue that this turns out not to be a simple case of one idea put to two different uses, but rather a case of two subtly distinct ideas in need of separate philosophical treatment. Moreover, although often relatively neglected, the primarily eudaimonic idea of coercion is of enduring importance to both liberal-perfectionist and socialist political moralities, as well as to personal ethics. This paper aims to elucidate it and to examine its relationship to its better-theorised deontic cousin. In addition, the paper seeks to show how a better understanding of these aspects of the concept can enable us to resolve certain important and long-standing theoretical disagreements, such as the dispute over whether coercion is an ‘essentially moralised’ concept and the dispute over whether (genuine) offers can be coercive. (shrink)

Globalization connects everyone, from the world’s poorest slum dweller tothe richest billionaire. Globalization and Global Justice starts by giving a newargument for the conclusion that coercive international institutions —whosesubjects who are likely to face sanctions for violation of their rules— mustensure that everyone they coerce secures basic necessities like food, waterand medicines. It then suggests that it is possible for coercive institutionsto fulfill their obligations by, for instance, providing international aid andmaking free trade fair. This overview sketches the argument in (...) the book’sfirst half, as which is the focus of the papers in the symposium. (shrink)

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 (...) types of coercion will lead to a different view on freedom – a view which stresses the many faces of free action. (shrink)

Most legal and political philosophers agree that typical legal systems are coercive. But there is no extant account of what typically makes typical legal systems coercive when they are coercive. This paper presents such an account and compares it with four alternative views. Towards the end I discuss the proposed account’s payoffs. Among other things, I show how it can help us explain what I call ‘comparative judgements’ about coercive legal systems (judgements such as ‘Legal system a is more coercive (...) than legal system b’) and how it can help the development of social scientific inquiries into the coerciveness of our legal systems. (shrink)