Though the revised edition of A Theory of Justice, published in 1999, is the definitive statement of Rawls's view, so much of the extensive literature on Rawls's theory refers to the first edition.

What is the basis for arguing that a volunteer army exploits citizens who lack civilian career opportunities? How do we determine that a doctor who has sex with his patients is exploiting them? In this book, Alan Wertheimer seeks to identify when a transaction or relationship can be properly regarded as exploitative--and not oppressive, manipulative, or morally deficient in some other way--and explores the moral weight of taking unfair advantage. Among the first political philosophers to examine this important topic from (...) a non-Marxist perspective, Wertheimer writes about ordinary experience in an accessible yet philosophically penetrating way. He considers whether it is seriously wrong for a party to exploit another if the transaction is consensual and mutually advantageous, whether society can justifiably prohibit people from entering into such a transaction, and whether it is wrong to allow oneself to be exploited. Wertheimer first considers several contexts commonly characterized as exploitive, including surrogate motherhood, unconscionable contracts, the exploitation of student athletes, and sexual exploitation in psychotherapy. In a section outlining his theory of exploitation, he sets forth the criteria for a fair transaction and the point at which we can properly say that a party has consented. Whereas many discussions of exploitation have dealt primarily with cases in which one party harms or coerces another, Wertheimer's book focuses on what makes a mutually advantageous and consensual transaction exploitive and analyzes the moral and legal implications of such exploitation. (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.

Hillel Steiner; III*—Individual Liberty, Proceedings of the Aristotelian Society, Volume 75, Issue 1, 1 June 1975, Pages 33–50, https://doi.org/10.1093/aristote.

Hillel Steiner; III*—Individual Liberty, Proceedings of the Aristotelian Society, Volume 75, Issue 1, 1 June 1975, Pages 33–50, https://doi.org/10.1093/aristote.

In this masterful work, both an illumination of Kant's thought and an important contribution to contemporary legal and political theory, Arthur Ripstein gives a comprehensive yet accessible account of Kant's political philosophy. In addition to providing a clear and coherent statement of the most misunderstood of Kant's ideas, Ripstein also shows that Kant's views remain conceptually powerful and morally appealing today.

There is nearly universal agreement that coercion is an evil. Even when it is necessary to avoid a greater evil or to attain some good, it is still a necessary evil. There is also nearly universal agreement that, other things being equal, one ought not to exercise coercion. Here the agreement ends. There is little agreement about just when coercion is justified. More surprisingly, there is little agreement about what coercion is. This latter controversy is more fundamental, and this paper (...) is an attempt to shed some light on it. (shrink)

Virtually everyone agrees that there is a strong moral presumption against the use of coercion. There is, however, considerably less agreement about the nature of coercion. For example, each of the following claims has been the subject of considerable controversy: 1. coercion is an essentially normative concept whose ‘conditions of application contain an ineliminable reference to moral rightness or wrongness’; 2. it is possible to coerce someone by means of an especially enticing offer as well as by means of a (...) threat; 3. coercion sometimes consists in nothing more than the direct application of physical force; and 4. exploitation is a form of coercion. In this essay I shall propose and defend an explication of the concept of coercion which will entail the falsity of each of these claims. Such an analysis, although it will naturally start from and be guided by our intuitions about the subject, will not be bound rigidly by them. My primary objective will be to provide a reasonably precise and systematic way of describing a category of human behavior only the paradigm examples of which are clearly circumscribed by ordinary usage. (shrink)

In this paper I propose and develop a social account of global autonomy. On this view, a person is autonomous simply to the extent to which it is difficult for others to subject her to their wills. I argue that many properties commonly thought necessary for autonomy are in fact properties that tend to increase an agent’s immunity to such interpersonal subjection, and that the proposed account is therefore capable of providing theoretical unity to many of the otherwise heterogeneous requirements (...) of autonomy familiar from recent discussions. Specifically, I discuss three such requirements: (i) possession of legally protected status, (ii) a sense of one’s own self-worth, and (iii) a capacity for critical reflection. I argue that the proposed account is not only theoretically satisfying but also yields a rich and attractive conception of autonomy. (shrink)

It has been alleged that compatibilists are committed to the view that agents act freely and responsibly even when subject to certain forms of radical manipulation. In this paper I identify and elucidate a form of compatibilist freedom, social autonomy, that is essential to understanding what is wrong with ordinary indoctrination and argue that it also holds the key to understanding what goes wrong in more fanciful manipulation cases.

It is a commonplace that ‘autonomy’ has several different senses in contemporary moral and political discussion. The term’s original meaning was political: a right assumed by states to administer their own affairs. It was not until the nineteenth century that ‘autonomy’ came (in English) to refer also to the conduct of individuals, and even then there were, as now, different meanings.1 Odd as it may seem from our perspective, one that was in play from the beginning was Kant’s notion of (...) “autonomy of the will,”2 as Kant defined it, “the property of the will by which it is a law to itself independently of any property of the objects of volition” (4:440).3That’s a mouthful, to say the least. And interpreting.. (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)

I examine an objection against autonomy-minded liberalism sometimes made by philosophers such as John Rawls and William Galston, that it rules out ways of life which do not themselves value freedom or autonomy. This objection is incorrect, because one need not value autonomy in order to live an autonomous life. Hence autonomy-minded liberalism need not rule out such ways of life. I suggest a modified objection which does work, namely that autonomy-minded liberalism must rule out ways of life that could (...) not develop under an autonomy-promoting education. I conclude by suggesting some reasons why autonomy-minded liberals should bite the bullet and accept this. (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)

In this dissertation I develop a general theory of coercion that allows one to distinguish cases of interpersonal coercion from cases of persuasion or manipulation, and cases of institutional coercion from cases of oppression. The general theory of coercion that I develop includes as one component a theory of second-order coercion. Second-order coercion takes place whenever one person intentionally impairs the formation of the second-order desires of another person, or constrains them after their formation, in a way that frustrates or (...) eliminates the possibility of the victim fulfilling certain of his or her first-order desires. The concept of second-order coercion is important because it suggests that a person's autonomy may be violated in ways that have not been previously recognized. In this dissertation I argue that the unique feature of all cases of coercion is that the alternatives available to the victim, with regard to the formation of his or her will, are intentionally constrained by another person in a way that violates the victim's autonomy. A general theory of coercion should be able to explain how institutions may be understood as coercive. I argue that if institutions are understood as social practices maintained for the purpose of achieving some end, then they may be properly understood as capable of coercion. ;This theory of coercion allows me to make two arguments concerning moral responsibility. First, I argue that current discussions of moral responsibility are inadequate because they fail to take seriously the claim that a person may be responsible, at least in part, for having the beliefs and desires that make a particular action a case of coercion. Second, I argue that discussions of moral responsibility are inadequate because they fail to recognize that an agent may not be responsible for the state of his or her will because he or she may have been coerced in a way that has not been previously recognized. (shrink)