Many endorse the Bad-Difference View of disability which says that disability makes one likely to be worse off even in the absence of discrimination against the disabled. Others defend the Mere-Difference View of disability which says that, discounting discrimination, disability does not make one likely to be worse off. A common motivation for the BDV is the Options Argument which identifies reduction in valuable options as a harm of disability. Some reject this argument, arguing that disabled people's prospects aren't hindered (...) by having fewer options. In this article, I defend the Options Argument by arguing that, in disability cases, possessing a greater number of valuable options seems to overall improve well-being prospects. As such, the Options Argument appears to be sound and – although it doesn't establish the BDV – it lends plausibility to the BDV by identifying a potentially significant cost of disability. (shrink)

Personal autonomy is often lauded as a key value in contemporary Western bioethics. Though the claim that there is an important relationship between autonomy and rationality is often treated as uncontroversial in this sphere, there is also considerable disagreement about how we should cash out the relationship. In particular, it is unclear whether a rationalist view of autonomy can be compatible with legal judgments that enshrine a patient's right to refuse medical treatment, regardless of whether the reasons underpinning the choice (...) are known and rational, or indeed whether they even exist. Jonathan Pugh brings recent philosophical work on the nature of rationality to bear on the question of how we should understand personal autonomy in contemporary bioethics. In doing so, he develops a new framework for thinking about the concept of autonomy, one that is grounded in an understanding of the different roles that rational beliefs and rational desires have to play in it. Pugh's account allows for a deeper understanding of d the relationship between our freedom to act and our capacity to decide autonomously. His rationalist perspective is contrasted with other prominent accounts of autonomy in bioethics, and the revisionary implications it has for practical questions in biomedicine are also outlined. (shrink)

It seems uncontroversial to state that meeting the vital medical needs of the vulnerable is agoal of great moral importance. Those in need of an organ transplant are among the mostvulnerable and yet society has to a large extent failed them. Many would-be organ recipientshave to wait for long periods of time before they get the organ that they need and some haveto wait until it is too late. Something has to change. One of the most widely discussedsolutions is to (...) create a regulated market in organs. The financial incentives are believed toencourage more people to give someone else their organs, thus significantly increasingsupply. Regardless of the potential effectiveness of such a solution, there are many who takea principled stand against organ markets. These objections generally stem from a concern forthe insidious potential for coercion and the hazard of exploitation. I will argue that thearguments against organ markets fail due to the flawed conceptualization of coercion, fairnessand the expressive meaning of markets that these arguments are premised on. Furthermore,even though there is some truth to the exploitation objection, it does not have sufficient moralrelevance to justify a prohibition on a regulated market in organs. (shrink)

In ethics, a highly relevant and divisive topic is that of consent. Many moral dilemmas and ethical forks in the road turn on the question of consent. But how do we differentiate between the consensual and the non-consensual? There is no simple answer to this question and philosophers are quite divided, as they tend to be. Some believe that consent is a mental state whereas others maintain that it is a behavioral expression of some kind. There are others still who (...) argue that consent is some combination of mental states and communication. In this paper, I shall defend the view that consent is a mental state and that it does not depend on any type of behavior. My central thesis is that only this view accounts for the ethical importance of consent in a liberal moral framework where consent matters due to its connection to our intrinsic right to personal autonomy. Additionally, views that make consent dependent on behavior have counterintuitive, and sometimes morally unacceptable, consequences for what is and isn’t consensual. I argue that only the view that I defend can account for the moral significance that consent should have. (shrink)

This paper argues that to understand the varieties of wrongs done in coercion, we should examine the dynamic normative relation that the coercer establishes with the coerced. The case rests on a critical examination of coercion by threat, which is proved irreducible to psychological inducement by overwhelming motives, obstruction of agency by impaired consent or deprivation of genuine choice. In contrast to physical coercion, coercion by threat requires the coercee’s participation in deliberation to succeed. For this kind of coercion to (...) be successful, there must be a normative relation established by the coercer and the coercee, in which they recognize each other as rational agents. In such cases, the coercee is wronged in the exercise of her deliberative powers. As a consequence, this form of coercion does not cancel the coercee’s moral responsibility for coerced action. Reclaiming the coercee’s responsibility for action under threat does not diminish the visibility and gravity of the coercer’s wrongdoing. On the contrary, it allows us to capture some features of the coercive relation that otherwise remain unfocused and thus identify the distinctive ways in which the coercee is wronged. (shrink)

This paper critiques many of the leading popular and philosophical arguments purporting to show employers have a duty to pay a living wage. Some of these arguments fail on their own terms. Some are not really about a living wage. The best of them fail to show employers per se owe a living wage; at best, they should that governments should supplement market incomes though a negative income tax or some other redistributive device.

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)

A central tenet of medical ethics holds that it is permissible to perform a medical intervention on a competent individual only if that individual has given informed consent to the intervention. However, in some circumstances it is tempting to say that the moral reason to obtain informed consent prior to administering a medical intervention is outweighed. For example, if an individual’s refusal to undergo a medical intervention would lead to the transmission of a dangerous infectious disease to other members of (...) the community, one might claim that it would be morally permissible to administer the intervention even in the absence of consent. Indeed, as we shall discuss below, there are a number of examples of public health authorities implementing compulsory or coercive measures for the purposes of infectious disease control (IDC). The plausibility of the thought that non-consensual medical interventions might be justified when performed for the purpose of IDC raises the question of whether such interventions might permissibly be used to realize other public goods. In this article we focus on one possibility: whether it could be permissible to non-consensually impose certain interventions that alter brain states or processes through chemical or physical means on serious criminal offenders. We shall suggest that some such interventions might be permissible if they safely and effectively serve to facilitate the offender’s rehabilitation and thereby prevent criminal recidivism. (shrink)

Many recent theories of coercion broaden the scope of the concept coercion by encompassing interactions in which one agent pressures another to act, subject to some further qualifications. I have argued previously that this way of conceptualizing coercion undermines its suitability for theoretical use in politics and ethics. I have also explicated a narrower, more traditional approach—“the enforcement approach to coercion”—and argued for its superiority. In this essay, I consider the prospects for broadening this more traditional approach to cover some (...) cases that don’t seem to fit this approach, but nonetheless seem coercive, such as the demands routinely made on people by credit card companies, demands on students by higher educational institutions, and demands made by European financial institutions on the government of Greece. I analyze the similarities and differences of these compared to more central cases of coercion, discussing what lessons can be drawn from this analysis. (shrink)

The idea that it is acceptable to ‘nudge’ people to opt for the ‘healthy choice’ is gaining currency in health care policy circles. This article investigates whether researchers evaluating Abdominal Aortic Aneurysm Screening Programmes (AAASP) attempt to influence decision makers in ways that are similar to popular ‘nudging’ techniques. Comparing two papers on the health economics of AAASP both published in the BMJ within the last 3 years, it is shown that the values chosen for the health economics modelling are (...) not representative of the literature and consistently favour the conclusions of the articles. It is argued (1) that this and other features of these articles may be justified within a Libertarian Paternalist framework as ‘nudging’ like ways of influencing decision makers, but also (2) that these ways of influencing decision makers raise significant ethical issues in the context of democratic decision making. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person or entity (...) identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

In this paper I provide an account of two forms of intellectual arrogance which cause the epistemic practices of conversational turn-taking and assertion to malfunction. I detail some of the ethical and epistemic harms generated by intellectual arrogance, and explain its role in fostering the intellectual vices of timidity and servility in other agents. Finally, I show that arrogance produces ignorance by silencing others (both preventing them from speaking and causing their assertions to misfire) and by fostering self-delusion in the (...) arrogant themselves. (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)

This paper scrutinizes the tension between individuals’ rights and paternalism. I will argue that no normative account that includes rights of individuals can justify hard paternalism since the infringement of a right can only be justified with the right or interest of another person, which is never the case in hard paternalism. Justifications of hard paternalistic actions generally include a deviation from the very idea of having rights. The paper first introduces Tom Beauchamp as the most famous contemporary hard paternalist (...) by outlining his moral theory (principlism) and showing why it, as it stands, has to allow for hard paternalism. Secondly, the paper focuses on the notion of rights within principlism. I will employ traditional theories of rights to make sense of rights in principlism. Unfortunately, this attempt fails. In the third part, then, I claim that rights can only be limited with reference to the rights or interests of others. This structure is the very point of rights, it is their bite. I will argue for this claim and show its implications. The most important implication is that not only principlism, but every normative theory that includes rights of individuals, has to abolish hard paternalism. (shrink)

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 conditional threats and (...) so many of the processes creating captivity are not coercive. However, this view overlooks the role that barriers to action play in making threats effective. Thus, an enforcement view of coercion is better to understand the coercion that takes place in captivity but the effects of the use of power on a captive’s psychology remains an important area of investigation. (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)

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 coerced agent is (...) liable for the harms resulting from acceding to moral coercion, and (c) investigate factors relevant to determining whether we ought to accede to moral coercion. In so doing, I provide grounds for the intuition that we “allow evil to succeed” when we accede to moral coercion. (shrink)

ABSTRACT:This article considers the economic case for so-called sweatshop wages and working conditions. My goal is not to defend or reject the economic case for sweatshops. Instead, proceeding from a broadly pluralist understanding of value, I make and defend a number of claims concerning the ethical relevance of economic analysis for values that different agents utilize to evaluate sweatshops. My arguments give special attention to a series of recent articles by Benjamin Powell and Matt Zwolinski, which represent the latest and (...) best defense of the economic case for sweatshops. In the process, I challenge Zwolinski’s “non-worseness claim”, and the idea that opposition to sweatshop wages and working conditions fails to respect that the autonomy of would-be sweatshop workers. Ultimately, I conclude that even if the economic case for sweatshops rests on a solid empirical foundation, agents possess good reason to advocate for better wages and working conditions for sweatshop workers, and to prefer less exploitative or coercive relationships. Sweatshop labor undermines a compelling vision of free markets, according to both Kantian and republican conceptions of freedom, and the relationships formed by those who participate in such markets. (shrink)

I address the question, ‘Should a retributivist support an entrapment defense and if so, under what circumstances?’, by considering the culpability of entrapped defendants. An entrapment defense is invoked by defendants who claim they violated the law because they were enticed to crime by the police and would not otherwise have committed the crime. There are different rationales for the defense: people who are normally law abiding, and who are not predisposed to commit crimes, do not commit crimes merely when (...) the opportunity is presented, without further coaxing—only criminals do—and so spending resources to entice and then punish such “false criminals” is wasteful from a utilitarian perspective. Several theorists assume retributivists must oppose the defense: entrapped defendants have broken the law and, according to one version of retributivism (Mabbott), this itself might warrant punishment; they are still culpable although they were enticed, because succumbing to temptation is no defense—there is no ‘private entrapment defense’; and to not punish the non-predisposed who are enticed to crime by government, while punishing those who are predisposed, is wrongly to assert that a person’s culpability hinges on their predisposition and wrongly to punish someone not for their present conduct but for their character or past actions. I explore some reasons why a retributivist can support an entrapment defense. First, entrapped defendants may be less culpable than the privately enticed insofar as they do not cause harm. As police control the situation, no actual harm is caused, and whether one actually causes harm may bear on one’s culpability; and if one’s predisposition was weak and required substantial police coaxing to be triggered, we might say that the police action and not the defendant caused the crime in the relevant sense. Second, applying Robert Nozick’s account of coercion in a novel way, I consider the argument that entrapped defendants may be less culpable insofar as their action was not fully voluntary, in that unlike in private enticement cases, they necessarily underestimate the probability of being caught before making their choice. (shrink)

Kant's sustained reflections on God have received considerable scholarly attention over the years and rightly so. His provocative criticisms of the three traditional theoretical proofs of the existence of God, and his own positive proof for belief in God's existence on moral grounds, have fully deserved the clarification and analysis that has occurred in these discussions. What I want to focus on, however, is the extent to which Kant's position contains resources sufficient to answer a line of questioning about the (...) existence of God that has recently been called the problem of the ‘hiddenness of God’ in contemporary discussions in philosophy of religion. If God exists roughly as the Judeo-Christian philosophical tradition conceives of him, it is puzzling, at least prima facie, why he does not make his existence overwhelmingly obvious to one and all, but rather is hidden from us. For if God is omnipotent, as the tradition maintains, it seems that he would have the power to reveal himself to us and, for that matter, with sufficient clarity that we would be left with no doubt about the matter. And if, as the tradition maintains further, it is important to God that we accept his existence and reject false idols who would pretend to divine status, it would seem that he has a significant reason to reveal himself to us. In short, given that God can make his existence obvious to all, and that doing so would fulfil an important purpose, why does he remain hidden from us? (shrink)

An examination of case law on forced marriage reveals that in addition to physical force, the role of emotional pressure is now taken into consideration. However, in both legal and policy discourse, the difference between arranged and forced marriage continues to be framed in binary terms and hinges on the concept of consent: the context in which consent is constructed largely remains unexplored. By examining the socio-cultural construction of personhood, especially womanhood, and the intersecting structural inequalities that constrain particular groups (...) of South Asian women in the UK, we argue that consent and coercion in relation to marriage can be better understood as two ends of a continuum, between which lie degrees of socio-cultural expectation, control, persuasion, pressure, threat and force. Women who face these constraints exercise their agency in complex and contradictory ways that are not always recognised by the existing exit-centred state initiatives designed to tackle this problem. (shrink)

In this paper we analyze the non-coercive ways in which researchers can use knowledge about the decision-making tendencies of potential participants in order to motivate them to consent to research enrollment. We identify which modes of influence preserve respect for participants’ autonomy and which disrespect autonomy, and apply the umbrella term of manipulation to the latter. We then apply our analysis to a series of cases adapted from the experiences of clinical researchers in order to develop a framework for thinking (...) through the ethics of manipulating people into research participation. All manipulation disrespects autonomy and is therefore pro tanto wrong. However, only deceptive manipulation invalidates the consent that results from it. Use of the other forms of manipulation can be permissible, but only if the outcome of using manipulation is sufficiently good and if the research cannot be carried out using ethically preferable means to obtain consent. (shrink)

Advances in immunotherapy pave the way for vaccines that target not only infections, but also unhealthy behaviors such as smoking. A nicotine vaccine that eliminates the pleasure associated with smoking could potentially be used to prevent children from adopting this addictive and dangerous behavior. This paper offers an ethical analysis of such vaccines. We argue that it would be permissible for parents to give their child a nicotine vaccine if the following conditions are met: (1) the vaccine is expected to (...) result in a net benefit to each individual vaccinated, (2) the expected harms from the side effects of the vaccine are lower than the non-voluntary harms of smoking, and (3) there are no less manipulative methods available that are as effective at preventing smoking initiation. Finally, we show how the framework developed here could be used to analyze the ethics of other chemical interventions designed to modify children’s behavior. (shrink)

I first characterize a moral mistake in coercion. The principle of independence with which I criticize coercion seems also to condemn exchange. I propose an account of exchange from which it follows that exchange upholds independence after all. In support of that account I argue that, of the accounts of exchange that occur to me, only this one has the consequence that, on general assumptions, a person can take part in exchange while acting, intending, and believing with sufficient reason. I (...) argue that the hiring of very poor people by very rich people for labor from which the rich draw a substantial surplus does not give rise to an exchange of this kind. These instances of the wage labor relation resemble coercion insofar as they violate independence. (shrink)

Though political philosophers often presuppose that coercive enforcement is fundamental to law, many legal philosophers have doubted this. This article explores doubts of two types. Some legal philosophers argue that given an adequate account of coercion and coerciveness, the enforcement of law in actual legal systems will generally not count as coercive. Others accept that actual legal systems enforce many laws coercively, but they deny that law has a necessary connection with coercion. There can be individual laws that lack coercive (...) sanctions, and it is at least conceptually possible for there to be a legal system that lacks coercive enforcement altogether. This article then examines why most political philosophers and some legal philosophers have been reluctant to treat the conceptual possibility of non-coercive law as significant. (shrink)

This essay examines sections relevant to libertarianism in Will Kymlicka’s Contemporary Political Philosophy: An Introduction (2nd ed.), making and explaining the following criticisms. Kymlicka’s “preface” misconstrues political philosophy’s progress, purpose, and its relation to libertarianism. In his “introduction”, his “project” mistakes libertarianism as “right-wing”, justice as compromise among “existing theories”, and equality as the “ultimate value.” His “a note on method” in effect takes as axioms, beyond philosophical examination, various alleged desiderata and the necessary moral role of the state. Moreover, (...) his “ultimate test” being “our considered convictions” amounts to a conservative and illogical justificationism at odds with radical and coherent critical rationalism. Kymlicka’s chapter on “libertarianism” mistakes it as, inherently and unavoidably, free-marketist, anti-consequentialist, deontological, Nozickian, requiring “a foundational moral premiss, without objective content, unmaximisable, indistinguishable from license, equality-based, anti-anarchist, “self-defeating”, indefensibly “unfair”, impractically “philosophical”, and without influence. A different version of libertarianism easily withstands all Kymlicka’s antipathetic criticisms. (shrink)

In this chapter, I articulate the structure of a general concept of autonomy and then reply to possible objections with reference to Ulysses arrangements in psychiatry. The line of argument is as follows. Firstly, I examine three alternative conceptions of autonomy: value-neutral, value-laden, and relational. Secondly, I identify two paradigm cases of autonomy and offer a sketch of its concept as opposed to the closely related freedom of action and intentional agency. Finally, I explain away the autonomy paradox, to which (...) the previously identified pair of paradigm cases seems to give rise in the context of mental disorder. By addressing this paradox, we learn two valuable lessons. The first is about the relationships between the three conceptions of autonomy above. The second is about the relationship between autonomy and mental disorder. (shrink)

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 both. The (...) justification of interactional coercion requires principles regulating interstate interference; that of systemic coercion requires principles of global socioeconomic justice. I argue that the proposed view not only helps us make progress in the debate on global justice, but also offers an independently compelling and systematic account of the function and conditions of applicability of justice. -/-. (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)

The market is traditionally hailed as the very exemplar of a system under which people enjoy freedom, in particular the negative sort of freedom associated with liberal and libertarian thought: freedom as noninterference. But how does the market appear from the perspective of a rival conception of freedom (freedom as non-domination) that is linked with the Roman and neo-Roman tradition of republicanism? The republican conception of freedom argues for important normative constraints on property, exchange, and regulation, without supporting extremes to (...) the effect that ‘property is theft’ or ‘taxation is theft’ or anything of that kind. It does not cast a cold eye on commerce; it merely provides an alternative view of the attractions. (shrink)

According to an often repeated definition, economics is the science of individual choices and their consequences. The emphasis on choice is often used – implicitly or explicitly – to mark a contrast between markets and the state: While the price mechanism in well-functioning markets preserves freedom of choice and still efficiently coordinates individual actions, the state has to rely to some degree on coercion to coordinate individual actions. Since coercion should not be used arbitrarily, coordination by the state needs to (...) be legitimized by the consent of its citizens. The emphasis in economic theory on freedom of choice in the market sphere suggests that legitimization in the market sphere is “automatic” and that markets can thus avoid the typical legitimization problem of the state. In this paper, I shall question the alleged dichotomy between legitimization in the market and in the state. I shall argue that it is the result of a conflation of choice and consent in economics and show how an independent concept of consent makes the need for legitimization of market transactions visible. Footnotes1 For helpful comments and suggestions I am most grateful to Marc Fleurbaey, Alain Marciano, Herlinde Pauer-Studer, Thomas Pogge, Hans Bernhard Schmid, to seminar or conference participants in Aix-Marseille, Tutzing, Paris, and Amsterdam, and to two anonymous referees. (shrink)

Coercion is by its very nature hostile to the individual subjected to it. At the same time, it often is a necessary evil: political life cannot function without at least some instances of coercion. Hence, it is not surprising that coercion has been the topic of heated philosophical debate for many decades. Though numerous accounts have been put forth in the literature, relatively little attention has been paid to the question what exactly being subjected to coercion does to an individual (...) that makes it so hostile to his person. This paper develops an analysis of the subjective aspect of coercion whereby this hostility is explained. It is argued that coercion is not just a matter of interference with one's agency, but also affects one's morality. Because coercion is a form of subjugation it does more than merely limit one's freedom, it constitutes an affront to one's dignity as well. A new account of coercion is developed that pays particular attention to the subjectivity inherent in coercion. This account takes a middle ground in the ongoing debate between advocates of moralised and non-moralised conceptualisations of coercion. The paper closes by applying this account to two prominent issues in the literature on coercion: the use of coercion claims in attempts to avoid being held responsible for one's actions, and the coercíveness of the law. (shrink)

A number of criticisms of Utilitarianism – such as “nearest and dearest” objections, “demandingness” objections, and “altruistic” objections – arise because Utilitarianism doesn’t permit partially or wholly disregarding the utility of certain subjects. A number of authors, including Sider, Portmore and Vessel, have responded to these objections by suggesting we adopt “dual-maximizing” theories which provide a way to incorporate disregarding. And in response to “altruistic” objections in particular – objections noting that it seems permissible to make utility-decreasing sacrifices – these (...) authors have suggested adopting a dual-maximizing theory that permits disregarding one’s own utility. In this paper I’ll defend two claims. First, I’ll argue that dual-maximizing theories are a poor way to incorporate disregarding. Instead, I’ll suggest that “variable-disregarding” theories provide a more attractive way to incorporate disregarding. Second, I’ll argue that the right way to handle these “altruistic” objections isn’t to permit disregarding one’s own utility, it’s to permit disregarding the utility of those who consent. Together, these two claims entail that the best way to modify Utilitarianism to handle “altruistic” objections is to adopt a variable-disregarding view that disregards the utility of those who consent. (shrink)

This paper critically discusses an argument that is sometimes pressed into service in the ethical debate about the use of assisted reproduction. The argument runs roughly as follows: we should prevent women from using assisted reproduction techniques, because women who want to use the technology have been socially coerced into desiring children - and indeed have thereby been harmed by the patriarchal society in which they live. I call this the argument from coercion. Having clarified this argument, I conclude that (...) although it addresses important issues, it is highly problematic for the following reasons. First, if women are being coerced to desire to use AR, we should eradicate the coercive elements in pro-natalist ideology, not access to AR. Second, the argument seems to have the absurd implication that we should prevent all woman, whether fertile or not, to try to have children. Third, it seems probable that women's welfare will be greater if we let well informed and decision-competent women decide for themselves whether they want to use AR. (shrink)

Standard accounts of what makes exploitation wrong ground its wrong in distributive unfairness: when A exploits B he wrongs her by taking a greater share of the benefits from their interaction than he ought. I argue that this standard account does not succeed; distributive unfairness is neither the sole, nor the primary wrong of exploitation. I assume that distributive unfairness is pro tanto wrong. However, I argue that in situations where transactors’ consent to a transaction is morally valid, it is (...) also morally transformative and overrides distributive unfairness’s pro tanto wrong. Thus, wrongful exploitation requires morally invalid consent. (shrink)

I develop an egalitarian account of what's objectionable about coercion. The account is rooted in the idea that certain relationships, like those of master to slave or lord to peasant, are relationships of subordination or domination. These relationships are morally objectionable. Such relationships are in part constituted by asymmetries of power. A master subordinates a slave because the master has more power over the slave than vice versa. Coercion is objectionable, I argue, because it creates such asymmetries of power and (...) so creates relationships of subordination. This account, moreover, illuminates what's wrong with blackmail, exploitation, withholding aid, and compulsion. (shrink)

The case for reparations for grievous acts of historical injustice has been getting a lot of attention lately. But I aim to broaden the discussion in two ways. First, I am not only going to talk about reparations as a means of rectifying the injuries inflicted by slavery and the genocide of indigenous peoples, the theft of their land, and the ongoing ripple effects of these historic wrongs. I am also going to talk about reparations for a wider variety of (...) historical injustices, including, most importantly, the long-term economic oppression of women, and the historical exploitation of labor. Second, I am not going to base my argument on the principle of equality, as most people currently do, but on the principle of liberty, as it is understood by libertarians on both the right and the left, at least as long as they believe what they say they believe. Not because I think that egalitarian demands for reparations are wrong. Rather, my point is that the principle of liberty, which is often raised as a defense to claims based on the principle of equality, actually leads to exactly the same place. Finally, I will discuss one possible form of reparations that has largely been ignored, but which has a special connection to libertarian principles, and I will show how it can provide some real relief without provoking the opposition that society-wide redistributive remedies usually face. (shrink)

There are many different kinds of libertarianism. The first is right libertarianism, which received its most powerful expression in Robert Nozick’s Anarchy, State and Utopia (1974), a book that still sets the baseline for discussions of libertarianism today. The second, I will call faux libertarianism. For reasons I will explain in this paper, most ‘man-on-the-street’ libertarians and most politicians who claim to be libertarians are actually this kind of libertarian. And third, there is left libertarianism, which is what I shall (...) spend most of this paper explicating. But I will not simply be surveying the views of those who identify as left libertarians and put this forth as if I were engaged in an exegetical exercise. Instead, what I shall set forth is a kind of manifesto, a statement of why I consider myself a left libertarian, one that takes this approach to political morality well beyond where it was left around the end of the last century by the previous generation of left libertarians. My hope is to provide those who find certain left libertarian ideas attractive a guide by which they can explain and harmonise their own views, recognise left libertarianism as a distinct comprehensive political doctrine, and feel more open to identify themselves as left libertarian too. (shrink)

Much liberal-democratic thought has concerned itself primarily – even exclusively – with coercive interference in citizens’ lives. But political actors do things – they engage in influential speech, they offer incentives, they mislead other actors, they disrupt the expected functioning of decision-making mechanisms etc. – that fall short of coercion, yet may nonetheless call for normative evaluation and public justification, precisely because they serve to purposively alter citizens’ beliefs, intentions and behaviour. With this article, I explicate a conception of political (...) manipulation to capture this sort of interference, and to distinguish individual manipulation from the manipulation of nonindividual agents like committees, institutions and states. The account, beyond being necessary for further work on the ethics of political manipulation, should prove useful to both normative thinkers interested in power, justice and the ethics of democratic decision-making, and empirical scholars in search of a conceptual apparatus to sharpen their investigations into the exercise of subtle forms of political power. (shrink)

Political theorists have recently sought to replace the liberal, contractual theory of the firm with a political view that models the authority relation of employee to firm, and its appropriate regulation, on that of subject to state. This view is liable to serious difficulties, however, given existing discontinuities between corporate and civil authority as to their coerciveness, entry and exit conditions, scope, legal standing, and efficiency constraints. I here inspect these, and argue that, albeit in some cases significant, such discontinuities (...) fail to undermine the firm/state analogy, either because they are not significant enough to do so or because the particular trait on which they hinge is not decisive for how authority, in the state and in the firm, should be regulated to be legitimate. A pro tanto requirement exists, I thus argue, that corporate authority be held to regulatory norms comparable to those legitimate states abide by, including civil liberties, rule-of-law constraints, and accountability to subjects. (shrink)

What a person is doing often depends on that person’s thought about what they are doing, or about the wider circumstances of their action. For example, whether my killing is murder or manslaughter depends, in part, on whether I understand that what I am doing is killing you, and on whether I understand that my killing is unjustified. Similarly, if I know that the backpack I am taking is yours, then my taking it may be an act of theft; but (...) it is not theft if I simply mistook your backpack for my own. And if I don’t know that in signing a document I’m promising to do some thing, then in signing it I’m not promising to do this at all. -/- According to Elizabeth Anscombe, a central task of philosophical psychology is to articulate this dependency of action on thought. And in a range of papers published during the 1960s, Anscombe sought to elucidate various aspects of this dependency. In this paper we give a systematic overview of how Anscombe understands this dependency, and in the process reveal the conceptual framework underlying Anscombe’s thinking about perception, desire, intention, voluntariness, responsibility, guilt, and sin. (shrink)

This article argues that Bernard Williams’ Critical Theory Principle (CTP) is in tension with his realist commitments, i.e., deriving political norms from practices that are inherent to political life. The Williamsian theory of legitimate state power is based on the central importance of the distinction between political rule and domination. Further, Williams supplements the normative force of his theory with the CTP, i.e., the principle that acceptance of a justification regarding power relations ought not to be created by the very (...) same coercive power. I contend that the CTP is an epistemic criterion of reflective (un)acceptability which is not strictly connected to the question of whether people are dominated or not. I show that there are cases of non-domination that fail the epistemic requirements of the CTP. (shrink)

Income inequality in democratic societies with market economies is sizable and growing. One reason for this growth can be traced to unequal forms of compensation that employers pay workers. Democratic societies have tackled this problem by enforcing a wage standard that all workers are paid regardless of education, skills, or contribution. This raises a novel question: Should there be equal pay for all workers? To answer it, we need to investigate some factors that are relevant to the unequal conditions of (...) power and authority in which wage offers are made. By clarifying these, we can determine whether wage inequality is morally permissible. If not, then a case might be made to pay all workers the same regardless of education, skills, or contribution. Even if it is permissible, another question worth considering is whether there are limits to how much inequality is acceptable. The argument here proceeds along the following lines. First, I summarize the economic and non-economic factors that determine the value of wages in labor markets. Second, I examine a particular problem that concerns whether the conditions of wage labor are coercive because they restrict alternatives or otherwise include threats to the welfare of workers. If there is coercion, we have good reasons to establish a standard that improve these conditions. Finally, I claim that establishing this standard requires increasing the value of low-wage work. Doing so will not only expand alternatives that are available to these workers, it will also diminish the potential threat to their welfare. (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)

A strong moral reason for prohibiting doping in sport is to be found in the bad choices that would be faced by clean athletes in a sporting world that tolerated doping. The case against doping is not, however, to be grounded in the concept of coercion. Instead, it is grounded in a general duty of sport to afford fair opportunity to the goods that are distinctively within sport's sphere of control. The moral reason to prohibit doping need not be balanced (...) against any autonomy claim of athletes who would prefer to dope because, upon closer examination, such claims have no force. The moral reason to prohibit doping does, however, need to be balanced against the enforcement costs imposed on all athletes by effective prohibition. (shrink)