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)

Coercion is morally objectionable: it’s bad to be coerced and it’s wrong to coerce people. But why is coercion objectionable? In this paper, I advance 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 and lord to peasant, are relationships of subordination or domination. These relationships are morally objectionable. Moreover, 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. The account says that coercion is objectionable because it creates such asymmetries of power, and so creates relationships of subordination. I show how this account can address its most serious problems, and how it can illuminate what’s wrong with blackmail, exploitation, withholding aid, and compulsion. (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)

In discussing whether legal systems are necessarily coercive, legal philosophers usually appeal to thought experiments involving angels or other morally driven beings who need no coercion to organise their social lives. Such appeals have invited criticism. Critics have not only challenged the relevance of such thought experiments to our understanding of legal systems; they have also argued that, contrary to the intuitions of most legal philosophers, the ‘man on the Clapham Omnibus’ would not hold that there is law in (...) a society of angels because the view that law is necessarily coercive ‘enjoys widespread support among laypersons’. This is obviously an empirical claim. Critics, however, never systematically polled the ‘man on the Clapham Omnibus’. We boarded that bus. This article discusses findings from five empirical studies on the relationship between law and coercion. (shrink)

This paper argues that there are two irreducibly distinct negative concepts of liberty: freedom as non-prevention, and freedom as non-coercion. Contemporary proponents of the negative view, such as Matthew Kramer and Ian Carter, have sought to develop the Hobbesian idea that freedom is essentially a matter of physical non-prevention. Accordingly, they have sought to reduce the freedom-diminishing effect of coercion to that of prevention by arguing that coercive threats function to diminish freedom by preventing people from performing certain (...) combinations of actions. Against this, this paper argues that coercion diminishes people’s freedom in ways that cannot be fully captured in terms of prevention. Focusing on two types of case, those involving coercive threats and those involving coercive preference manipulation, it argues that non-coercion and physical non-prevention are importantly different goods. It concludes that a complete negative account of liberty must draw not only on the (Hobbesian) ‘non-prevention’ strand of the negative tradition but also on its (Hayekian) ‘non-coercion’ strand. (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)

As a classical liberal, or libertarian, I am concerned to advance liberty and minimize coercion. Indeed on this view liberty just is the absence of coercion or costs imposed on others. In order to better understand the notion of coercion I discuss Robert Nozick's classic essay on the subject as well as more recent contributions. I then address the question of whether law is coercive, and respond to Edmundson and others who think that it isn't. Assuming that (...) the law is in fact coercive, there is still a question,as with all coercive acts, as to whether that coercion is justified. Edmundson thinks that this places a special burden on the state of justifying its existence, whereas it simply places the same burden on the state as anyone else. What I reject is the longstanding doctrine of Staatsrason, namely that the state is not subject to the same moral rules as its subjects. With respect to the relation of morality to law, Edmundson thought that another of the fallacies of which philosophical anarchists were guilty was that of assuming that there was a sphere of morality where law had no business. On the contrary, our concern is with spheres of law which appear to have little to do with morality, which is to say laws against wrongs of the malum prohibitum variety, as opposed to wrongs which are malum in se. I then turn to a matter with which Edmundson begins his study, namely how it is that states acquire the authority to do what they do, namely coerce their subjects. While the fact that the philosopher's stone of political obligation has proved rather elusive may mean that a legitimate state lacks the authority to demand obedience pure and simple, Edmundson contends that it can at the very least demand that we do not interfere in the administration of justice. I argue that this attempt to sidestep the justification of the authority of the state fails and that we seem in the end to be having to take the state's word for it that we must do X on pain of penalty P. Nor, as I go on to argue, is it any help to appeal to democracy to remedy a failed justification of the authority of the state. There either is a moral justification of state coercion in order to prevent harm to innocent subjects, or there isn't, and this holds,if it does, not only at the level of individuals, but also at the level of the state, regardless of its constitutional form. After concluding that the attempts of Edmundson and others to refute the anarchic turn in recent political philosophy have failed, it would seem that the withering away of the state foreseen in Marx's eschatology is not as improbable as maybe it once appeared. (shrink)

Coercion by the recipient of consent renders that consent invalid. But what about when the coercive force comes from a third party, not from the person to whom consent would be proffered? In this paper I analyze how threats from a third party affect consent. I argue that, as with other cases of coercion, we should distinguish threats that render consent invalid from threats whose force is too weak to invalidate consent and threats that are legitimate. Illegitimate controlling (...) third party threats render consent invalid just as they do in two party cases. However, knowing that the consent is invalid is not sufficient to tell the recipient of consent what she may or should do. I argue that when presented with a token of consent from someone whom she thinks is experiencing an illegitimate controlling threat, the recipient may act on that token if and only if doing so represents a reasonable joint decision for her and the victim of coercion. The appropriate action for someone faced with third party coercion therefore depends on the other options open to her and those open to the victim of coercion. (shrink)

What is coercion and why do we care? Coercion is widespread and used especially when raising children, but on its darker side coercion can have devastating consequences. We are worried about coercion as it can invalidate consent. This is seen in the USA where campus rape cases have soared in recent years and brought consent and coercion back to the forefront of debate. Coercion is a hotly debated legal, political and ethical concept. However, in (...) all this debate we have seen little in the way of what coercion means exactly and how we determine it is taking place. Wertheimer and Garnett have interesting views about how coercion can be understood, from the morally wrong side of coercion to the situations where people are left much worse off because of its use. Only the morally wrong situations are subject to the law but there is a whole set of coercive situations that could take place which look bad to the outsider but are not necessarily morally wrong. This is the area of coercion I wish to discuss further. Wertheimer states that there are two types of coercion, moralised and non moralised. Moralised coercion concerns whether it was ‘wrongful’ to propose the offer and the non-moralised notion examines whether the coerced had any other reasonable choice. In a similar vein to Wertheimer, Garnett believes that coercion has two roles, Deontic (wrong) and Eudaimonic (bad). This would vaguely map to Deontic as Moralised and Eudaimonic as Non Moralised. Garnett discusses the eudaimonic version at length believing it is relatively unexplored in situations of coercion. This paper consists of 4 sections: • Section 1 discusses what Coercion is • Section 2 reviews Wertheimer’s view of Moralised and Non Moralised Consent • Section 3 discusses Garnett’s View • Section 4 considers a cost-benefit analysis of eudaimonically wrong situations. In conclusion it is apparent that, in order to have a full picture of what kind of situations coercion actually covers we must not simply rely on the deontic concept. The Deontic way of looking at situations will tell us what is morally wrongful and possibly redressable in court but many situations simply sit badly with us. It is here, in this arena, that the eudaimonic concept comes into its own. (shrink)

The very existence of society depends on the ability of its members to influence formatively the beliefs, desires, and actions of their fellows. In every sphere of social life, powerful human agents (whether individuals or institutions) tend to use coercion as a favorite shortcut to achieving their aims without taking into consideration the non-violent alternatives or the negative (unintended) consequences of their actions. This propensity for coercion is manifested in the doxastic sphere by attempts to shape people’s beliefs (...) (and doubts) while ignoring the essential characteristics of these doxastic states. I argue that evidential persuasion is a better route to influence people’s beliefs than doxastic coercion. Doxastic coercion perverts the belief-forming mechanism and undermines the epistemic and moral faculties both of coercers and coercees. It succeeds sporadically and on short-term. Moreover, its pseudo doxastic effects tend to disappear once the use of force ceases. In contrast to doxastic coercion, evidential persuasion produces lasting correct beliefs in accordance with proper standards of evidence. It helps people to reach the highest possible standards of rationality and morality. Evidential persuasion is based on the principles of symmetry and reciprocity in that it asks all persuaders to use for changing the beliefs of others only those means they used in forming their own beliefs respecting the freedom of will and assuming the standard of rationality. The arguments in favor of evidential persuasion have a firm theoretical basis that includes a conceptual clarification of the essential traits of beliefs. Belief is treated as a hypercomplex system governed by Leibniz’s law of continuity and the principle of self-organization. It appears to be a mixture consisting of a personal propositional attitude and physical objects and processes. The conceptual framework also includes a typology of believers according to the standards of evidence they assume. In this context, I present a weak version of Clifford’ ethical imperative. In the section dedicated to the prerequisites for changing beliefs, I show how doxastic agents can infuse premeditated or planned changes in the flow of endogenous changes in order to shape certain beliefs in certain desired forms. The possibility of changing some beliefs in a planned manner is correlated with a feedback doxastic (macro-mechanism) that produces a reaction when it is triggered by a stimulus. In relation with the two routes to influence beliefs, a response mechanism is worth taking into consideration – a mechanism governed to a significant extent by human conscience and human will, that appears to be complex, acquired, relatively detached from visceral or autonomic information processing, and highly variable in reactions. Knowing increasingly better this doxastic mechanism, we increase our chances to use evidential persuasion as an effective (although not time-efficient) method to mold people’s beliefs. (shrink)

Discussion of moral responsibility has traditionally centred around actions and the possibility of alternative actions. In this short paper I take a different approach and focus on choices rather than actions. I argue that a person is morally responsible directly for their choices and only indirectly for resulting actions. This subtle shift helps to clarify many issues such as moral luck, thwarted choice and coercion.

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)

World Crisis and Underdevelopment examines the impact of poverty and other global crises in generating forms of structural coercion that cause agential and societal underdevelopment. It draws from discourse ethics and recognition theory in criticizing injustices and pathologies associated with underdevelopment. Its scope is comprehensive, encompassing discussions about development science, philosophical anthropology, global migration, global capitalism and economic markets, human rights, international legal institutions, democratic politics and legitimation, world religions and secularization, and moral philosophy in its many varieties.

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)

Concerns that people would be disinclined to voluntarily undergo moral enhancement have led to suggestions that an incentivised programme should be introduced to encourage participation. This paper argues that, while such measures do not necessarily result in coercion or undue inducement (issues with which one may typically associate the use of incentives in general), the use of incentives for this purpose may present a taboo tradeoff. This is due to empirical research suggesting that those characteristics likely to be (...) affected by moral enhancement are often perceived as fundamental to the self; therefore, any attempt to put a price on such traits would likely be deemed morally unacceptable by those who hold this view. A better approach to address the possible lack of participation may be to instead invest in alternative marketing strategies and remove incentives altogether. (shrink)

James Olson, author of the book Fair Play: The Moral Dilemmas of Spying (p.15), questions “What actions by a state are permissible in pursuing the state’s interests? Are lying, cheating, manipulation, deception, coercion and other techniques of espionage and covert action justifiable in national self-defense?” To expand his thought, to that end, I say, “Can different moral and ethical theories co-exist during war or conflict?” Can we extend our range of options in dealing with terrorism globally in (...) an effort to satisfy our national security objectives using principles outlined in the many moral and ethical theories? In short answer, yes. This paper will address moral and ethical theories that I believe justify the use of a range of options or extended options to combat terrorism to meet our national security objectives without severely corrupting our universal morals or ethics. -/- Strictly speaking from a theory basis, and a common sense approach-with no religious affirmations-I ascribe to a combination of principles of the Just War theory and Moral Absolutism philosophy. It is my belief that we cannot engage terrorists’ Realpolitik and normative ethical relativist frame-of- mind to justify the use of force based on one moral or ethical theory or philosophy. A combination of principles from the Just War theory and Moral Absolutism philosophy can morally and ethically justify engagement in combating terrorism. (shrink)

This article deals with Bartolome´ de Las Casas’ contribution to the notion of universal human rights. Though much study has been devoted to Las Casas’ work, what remains understudied is the Spanish philosopher’s conception of religion, which in many ways resembles what Kant called “the religion of reason.” For Las Casas, then, Christianity was conceived more as a rational system of ethics than as a compendium of Biblical and scholastic dogmas. Like the later Enlightenment philosopher Johann Gottlieb Fichte, Las Casas (...) believed that all humans belonged to the same universal community of rational beings. By examining Las Casas together with Fichte, this article sheds further light on Las Casas’ anticipatory notions of moral agency, formal freedom, rational religion, and the rights of a free people against the use of coercion—regardless of their race, religion, or culture. They are the ideas underpinning his notion of universal human rights (Paulist and Thomist in nature), and his ethics of the Other, who “is just like me”: a rational, feeling human being, deserving of equal justice and rights. (shrink)

In this clearly written, impressively researched, and engaging book, Alan Wertheimer makes a distinctive and important contribution to the contemporary literature on the nature and value of consent to sexual relations. Wertheimer’s effort is two-fold. First, and as an informative yet logically distinct backdrop, he provides a specific theory of sexual desire and behavior, viz., evolutionary psychology. Second, he identifies and defends moral and legal principles of valid consent to sex. In chapter-length discussions, Wertheimer shows why matters of consent (...) are significantly more complex than many, including influential feminist scholars, recognize, and in so doing lays the groundwork for the theoretical core of his book: a rights-based theory of sexual coercion. This theory provides powerful grounds for determining when conduct constitutes coercion of the sort that nullifies consent and, when combined with numerous and often-ingenious hypothetical cases, teases out principles of moral and legal consent that are both coherent and reasonable. As a result of this combination of considerations, Wertheimer’s book is unique among recent efforts in this area and the analyses and arguments presented should be of great interest to social psychologists as well as those working in normative ethics and jurisprudence. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for (...) Kelsen coercion is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for (...) Kelsen coercion is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

This paper defends several highly revisionary theses about human rights. Section 1 shows that the phrase 'human rights' refers to two distinct types of moral claims. Sections 2 and 3 argue that several longstanding problems in human rights theory and practice can be solved if, and only if, the concept of a human right is replaced by two more exact concepts: (A) International human rights, which are moral claims sufficient to warrant coercive domestic and international social protection; and (...) (B) Domestic human rights, which are moral claims sufficient to warrant coercive domestic social protection but only non-coercive international action. Section 3 then argues that because coercion is central to both types of human rights, and coercion is a matter of justice, the traditional view of human rights -- that they are normative entitlements prior to and independent of substantive theories of justice -- is incorrect. Human rights must instead be seen as emerging from substantive theories of domestic and international justice. Finally, Section 4 uses this reconceptualization to show that only a few very minimal claims about international human rights are presently warranted. Because international human rights are rights of international justice, but theorists of international justice disagree widely about the demands of international justice, much more research on international justice is needed -- and much greater agreement about international justice should be reached -- before anything more than a very minimal list of international human rights can be justified. (shrink)

According to many philosophers, the world should embrace open borders – that is, let people move around the globe and settle as they wish, with exceptions made only in very specific cases such as fugitives or terrorists. Defenders of open borders have adopted two major argumentative strategies. The first is to claim that immigration restrictions involve coercion, and then show that such coercion cannot be morally justified. The second is to argue that adopting worldwide open borders policies would (...) make the world a much better place, particularly by improving average well-being. This essay contends that both of these argumentative strategies fail. Some immigration restrictions are not only morally justified, but morally required. (shrink)

Stephen Schulhofer's book, Unwanted Sex: The Culture of Intimidation and the Failure of Law, provides a carefully constructed and powerful case for rape-law reform. His effort is distinctive in three ways: (1) it takes the basic question of reform to be the moral one of determining which sexual interactions ought to be the subject of the criminal law, (2) it takes the right of sexual autonomy to serve as the basis for any successful legal reform, and (3) it makes (...) a philosophically sophisticated case for his own reform proposal. Schulhofer's efforts should be of great interest to philosophers, especially feminist legal philosophers, interested in questions that bear direct relevance to the relationships between autonomy, coercion, and consent as constrained by the requirements of due process. His careful and scrupulously fair discussion of influential reform recommendations set the stage for his own position (discussed in section VII), a critical evaluation thereof (sections VII and VIII), and sympathetic recommendations in VIII and IX. Of special value here is Schulhofer's attempt to extend his analysis of coerced consent to include certain "offers" made in contexts (e.g., the workplace) characterized by significant power differentials between persons. Section IX offers suggestions, generally friendly to Schulhofer's overall reform proposals, for identifying wrongful sexual interactions occurring in certain institutional or professional contexts. (shrink)

At the most general level, "manipulation" refers one of many ways of influencing behavior, along with (but to be distinguished from) other such ways, such as coercion and rational persuasion. Like these other ways of influencing behavior, manipulation is of crucial importance in various ethical contexts. First, there are important questions concerning the moral status of manipulation itself; manipulation seems to be mor- ally problematic in ways in which (say) rational persuasion does not. Why is this so? Furthermore, (...) the notion of manipulation has played an increasingly central role in debates about free will and moral responsibility. Despite its significance in these (and other) contexts, however, the notion of manipulation itself remains deeply vexed. I would say notoriously vexed, but in fact direct philosophical treatments of the notion of manipulation are few and far between, and those that do exist are nota- ble for the sometimes widely divergent conclusions they reach concerning what it is. I begin by addressing (though certainly not resolving) the conceptual issue of how to distinguish manipulation from other ways of influencing behavior. Along the way, I also briefly address the (intimately related) question of the moral status of manipulation: what, if anything, makes it morally problematic? Then I discuss the controversial ways in which the notion of manipulation has been employed in contemporary debates about free will and moral responsibility. (shrink)

Fichte’s ambitious project in the Foundations of Natural Right is to provide an a priori deduction of the concept of right independently from morality. So far, interpretations of Fichte’s deduction of the concept of right have persistently fallen into one of two rough categories: either they (re)interpret the normative necessity of right in terms of moral or quasi-moral normativity or they interpret right’s normative necessity in terms of hypothetical imperatives. However, each of these interpretations faces significant exegetical difficulties. (...) By contrast, I argue that we can understand the normative necessity of right in terms of conceptual necessity. On this view, right does not tell us what ought to be done, but instead tells us what we are doing and have done. Not only does this provide for a promising philosophical account of the non-moral normativity of right, but also provides a compelling reading of Fichte’s text in both the deduction of the concept of right in the Foundations of Natural Right as well as his discussion of the application of the concept of right and coercion. (shrink)

Focusing on current efforts to persuade the public to comply with Covid-19 best practices, this essay examines what role appeals to religious reasons should (or should not) play in leaders’ attempts to secure followers’ acceptance of group policies in contexts of religious and moral pluralism. While appeals to followers’ religious commitments can be helpful in promoting desirable public health outcomes, they also raise moral concerns when made in the contexts of secular institutions with religiously diverse participants. In these (...) contexts, leaders who appeal to religious reasons as bases of justification for imposing Covid policies may seem to fail to show respect for the autonomy of those who lack the relevant religious commitments, and—especially when a leader herself rejects the religious commitments she makes reference to to persuade others—her appeals to religious reasons may seem to constitute ethically problematic exercises of manipulation. This essay draws on the resources of contemporary political philosophy to analyze and respond to these concerns and concludes that they are not sufficiently well-founded. To the contrary, it contends that there are good moral grounds for leaders to appeal to religious reasons as (partial) bases of justification for why followers should accept Covid policies. In the course of the argument, this essay also highlights how contemporary political theory can enrich discussions about the distinctions between coercion, manipulation, and leadership, and thereby give insight not only into the ethics of leadership but also—at least by the lights of central theories of leadership like that of James MacGregor Burns (1978)—into whether and how appeals to religious reasons can figure into genuine exercises of leadership, in contrast with mere instances of the wielding of social power. (shrink)

Deception, like coercion, can invalidate the moral force of consent. In the sexual domain, when someone is deceived about some feature of their partner, knowledge of which would be dispositive of their decision to have sex – a dealbreaker – the moral validity of their consent is undermined. I argue that in order to determine whether someone has discharged their duties of disclosure in the sexual domain, we should ask whether, upon receiving a token of consent to (...) sex, they have a justified belief that their partner would consent to the sexual encounter given all the features that it has. I argue that whether an agent has a justified belief in this proposition is a function of the agent’s body of evidence and which alternatives uneliminated. (shrink)

Most of the contributions to Cooperation and Its Evolution grapple with the distinctive challenges presented by the project of explaining human sociality. Many of these puzzles have a ‘chicken and egg’ character: our virtually unparalleled capacity for large-scale cooperation is the product of psychological, behavioural, and demographic changes in our recent evolutionary history, and these changes are linked by complex patterns of reciprocal dependence. There is much we do not yet understand about the timing of these changes, and about the (...) order in which different aspects of human social psychology (co-)evolved. In this review essay, I discuss four such puzzles the volume raises. These concern punishment and norm-psychology, moral judgement and the moral emotions, hierarchy and top-down coercion, and property rights and legal systems. (shrink)

This work has two major goals. The first is to reframe the problem of political authority from its Conservative framing to a Reformist framing. This change creates a new benchmark for the success of a theory. Rather than justifying a pre-existing intuition, a theory can be successful if it could establish political authority whenever the state itself or an individual’s relationship to it changes. This change also shifts the focus from the state’s right to rule to moral housekeeping. In (...) other words, the main goal is not to see when the state can use coercion against its citizens but rather to determine what political obligations citizens could have under different scenarios so that citizens can more accurately keep track of their moral reasons for action. The second major goal is to call into question epistemic theories of democratic authority through a critical examination of David Estlund’s theory of normative consent. Normative consent cannot establish political authority. Even granting that it could, normative consent would bind individuals to epistemic procedures rather than democratic procedures given that epistemic procedures better solve the moral problems that generate normative consent. However, this then raises worries from the public reason perspective that epistemic procedures would impose a procedure on some citizens which they could reject from a qualified position. To overcome this worry, it is shown that epistemic procedures based on reducing the power of the ignorant rather than raising the power of the experts are not open to such qualified rejection, and democratic procedures in the real world will do no better than a coin flip at selecting correct policies. In the end, one branch of epistemic conceptions of democratic authority are proven untenable. (shrink)

It is widely accepted that consent is a normative power. For instance, consent can make an impermissible act permissible. In the words of Heidi Hurd, it “turns a trespass into a dinner party... an invasion of privacy into an intimate moment.” In this chapter, I argue against the assumption that consent has such robust powers for moral transformation. In particular, I argue that there is a wide range of sex that harms or wrongs victims despite being consensual. Moreover, these (...) cases are not limited to those where con- sent is vitiated by background conditions. I start by calling this category of consensual sex Bad Sex. I then distinguish subspecies of this category, including psychological pressure, social coercion, and epistemically unsafe sex. I end by responding to an objection on which we should treat at least some subspecies of Bad Sex as rape. Though this alternative proposal is often motivated by ameliorative and strategic considerations, I argue that such considerations actually count against collapsing the categories of Bad Sex and rape. (shrink)

Legal philosophers make a number of bold, contentious claims about the nature of law. For instance, some claim that law necessarily involves coercion, while others disagree. Some claim that all law enjoys presumptive moral validity, while others disagree. We can see these claims in at least three, mutually exclusive ways: (1) We can see them as descriptions of law’s nature (descriptivism), (2) we can see them as expressing non-descriptive attitudes of the legal philosophers in question (expressivism), or (3) (...) we can see them as practical claims about how we should view law or order our society (pragmatism). This paper argues that we should understand these claims in the pragmatist way, as claims about how we should view law or order society. (shrink)

The first and greatest commandment according to Jesus, and so the one most central to Christian practice, is the command to love God. We argue that this commandment is best interpreted in aretaic rather than deontic terms. In brief, we argue that there is no obligation to love God. While bad, failure to seek and enjoy a union of love with God is not in violation of any general moral requirement. The core argument is straightforward: relations of intimacy should (...) not be morally imposed upon autonomous beings. We contend that such reasoning applies to human beings’ relationship to God. So, even if our ultimate end is to enjoy communion with God, God has no right that human beings seek a relationship with him. If this is correct, then the command to ‘love God’ is not the sort of moral principle that can be supported by threats of hellfire or other forms of coercion. (shrink)

What are rules? In this paper I develop a view of regulative rules which takes them to be a distinctive normative kind occupying a middle ground between orders and normative truths. The paradigmatic cases of regulative rules that I’m interested in are social rules like rules of etiquette and legal rules like traffic rules. On the view I’ll propose, a rule is a general normative content that is in force due to human activity: enactment by an authority or acceptance by (...) a community. Rules are unlike orders in being not necessarily communicative, not an expression’s of the giver’s will, not evaluable for sincerity, and in that they have propositional content. And they’re unlike normative truths in that they’re themselves not even truth-evaluable (though their contents are). This is because rules qua things that are in force are not like constatives which have a mind to world direction of fit, but more like performatives. Furthermore, they differ from normative truths in that their normativity is isolated from their background justification and is therefore not dependent on contributory notions like reasons coming together in a weighing explanation. As such, they occupy a middle ground between orders and normative truths, much like in H. L. A. Hart’s opinion law occupies a middle ground between “coercion” and “morality” (Hart 1961/1994). I also illustrate the virtues of this understanding of rules by showing how proper appreciation of how they differ from normative truths helps us defuse a common objection to Hart’s practice theory of rules. (shrink)

In this essay I develop and defend a theory of state punishment within a wider conception of political legitimacy. While many moral theories of punishment focus on what is deserved by criminals, I theorize punishment within the specific context of the state's relationship to its citizens. Central to my account is Rawls's “liberal principle of legitimacy,” which requires that all state coercion be justifiable to all citizens. I extend this idea to the justification of political coercion to (...) criminals qua citizens. I argue that the liberal principle of legitimacy implicitly requires states to respect the basic political rights of those who are guilty of committing crimes, thus prohibiting capital punishment. (shrink)

Many scholars, including G. A. Cohen, Daniel Attas, and George Brenkert, have denied that a Kantian defense of self-ownership is possible. Kant's ostensible hostility to self-ownership can be resolved, however, upon reexamination of the Groundwork and the Metaphysics of Morals. Moreover, two novel Kantian defenses of self-ownership (narrowly construed) can be devised. The first shows that maxims of exploitation and paternalism that violate self-ownership cannot be universalized, as this leads to contradictions in conception. The second shows that physical coercion (...) against rational agents involves a profound status wrong--namely, their treatment as children or animals--and that this system of differential status and treatment (including self-ownership rights for rational agents) can be morally justified by our capacity for autonomy. (shrink)

Many contributors to debates about professional conscience assume a basic, pre-professional right of conscientious refusal and proceed to address how to ‘balance’ this right against other goods. Here I argue that opponents of a right of conscientious refusal concede too much in assuming such a right, overlooking that the professions in which conscientious refusal is invoked nearly always operate as public cartels, enjoying various economic benefits, including protection from competition, made possible by governments exercising powers of coercion, regulation, and (...) taxation. To acknowledge a right of conscientious refusal is to license professionals to disrespect the profession’s clients, in opposition to liberal ideals of neutrality, and to engage in moral paternalism toward them; to permit them to violate duties of reciprocity they incur by virtue of being members of public cartels; and to compel those clients to provide material support for conceptions of the good they themselves reject. However, so long... (shrink)

The use of child soldiers in armed conflict is an increasing global concern. Although philosophers have examined whether child soldiers can be considered combatants in war, much less attention has been paid to their moral responsibility. While it is tempting to think of them as having diminished or limited responsibility, child soldiers often report feeling guilt for the wrongs they commit. Here I argue that their feelings of guilt are both intelligible and morally appropriate. The feelings of guilt that (...) child soldiers experience are not self-censure; rather their guilt arises from their attempts to come to terms with what they see as their own morally ambiguous motives. Their guilt is appropriate because it reaffirms their commitment to morality and facilitates their self-forgiveness. (shrink)

Contrary to political and philosophical consensus, we argue that the threats posed by climate change justify population engineering, the intentional manipulation of the size and structure of human populations. Specifically, we defend three types of policies aimed at reducing fertility rates: choice enhancement, preference adjustment, and incentivization. While few object to the first type of policy, the latter two are generally rejected because of their potential for coercion or morally objectionable manipulation. We argue that forms of each policy type (...) are pragmatically and morally justified tools for preventing the harms of global climate change. (shrink)

Chapter 1 of this book argued that moral philosophy should be based on seven principles of theory selection adapted from the sciences. Chapter 2 argued that these principles support basing normative moral philosophy on a particular problem of diachronic instrumental rationality: the ‘problem of possible future selves.’ Chapter 3 argued that a new moral principle, the Categorical-Instrumental Imperative, is the rational solution to this problem. Chapter 4 argued that the Categorical-Instrumental Imperative has three equivalent formulations akin to (...) but superior to Kant’s formulations of the Categorical Imperative. Chapter 5 argued that my principle’s three formulations make it rational to adopt a Moral Original Position to derive moral principles. The present chapter derives Four Principles of Fairness from the Moral Original Position--principles of coercion minimization, mutual assistance, fair negotiation, and virtue—and unifies them into a single principle of rightness: Rightness as Fairness. Finally, this chapter argues that Rightness as Fairness entails a novel approach to applied ethics called ‘principled fair negotiation’, illustrating how the theory provides a plausible new framework for addressing applied cases including lying, suicide, trolleys, torture, distribution of scarce resources, poverty, and the ethical treatment of animals. (shrink)

(Winner of The Res Publica Essay Prize) This article defends a moderate version of state perfectionism by using Gerald Gaus’s argument for liberal neutrality as a starting point of discussion. Many liberal neutralists reject perfectionism on the grounds of respect for persons, but Gaus has explained more clearly than most neutralists how respect for persons justifies neutrality. Against neutralists, I first argue that the state may promote the good life by appealing to what can be called “the qualified judgments about (...) the good life,” which have not been considered by liberal perfectionists including Joseph Chan and Steven Wall. Then I clear up several possible misunderstandings of these judgments, and argue that: (a) moderate perfectionism does not rely on controversial rankings of values and is committed to promoting different valuable ways of life by pluralistic promotion; and (b) moderate perfectionism requires only an indirect form of coercion in using tax money to support certain moderate perfectionist measures, which is justifiable on the grounds of citizens’ welfare. Thus, I maintain that moderate perfectionism does not disrespect citizens, and is not necessarily unfair to any particular group of people. It is, in fact, plausible and morally important. The defence of moderate perfectionism has practical implications for the state’s policies regarding art development, drug abuse, public education, and so on. (shrink)

It is facile and factually incorrect to represent suicide terrorists as simply seeking mass destruction, as demented or believing that they will be rewarded by "seventy-two virgins in paradise". In my book The Myth of the Closed Mind: Understanding How and Why People are Rational I felt it was important to deal with the issue of terrorism by consulting explanatory theories of human behaviour and the substantial research on the strategic pattern of terrorist incidents over the decades, led principally by (...) Professor Robert Pape of Chicago University. -/- To defeat your enemy, you must first understand him. Strangely, we must first grant that, though morally depraved, terrorists are rational: they concoct and execute detailed plans with definite strategic goals in mind. Only once we have granted the terrorist a rational mind can we, in the end, create peace. My argument is that while religion may have a small role in terrorism, it is principally politics, or the logic of territorial control, that is the key to understanding the threat we face. -/- This extract from my book is principally about Al Qaeda, but a similar analysis applies to ISIS, the current greatest threat to our peace in the west. -/- The strategic goal of Al Qaeda was simply to repulse what they saw as foreign intervention. ISIS has the same goal, but in order to continue its growth as a state in the sense of a monopoly of coercion over a given geographical area. -/- ISIS, a rogue state that arose in ungoverned space created unintentionally by foreign intervention in Iraq, is now lashing out at foreign governments that have severely shrunk the territory ISIS occupies. Before October 2015, ISIS confined its terrorism to the goal of extending its territory in Iraq and Syria, and there were no significant ISIS-led or inspired suicide terrorist attacks outside Iraq and Syria. But now, as their territory collapses, they are attacking the countries that have strangled their control of territory in Iraq and Syria: the coalition of western governments – Britain, Belgium, Canada, France, Morocco, Turkey, Russia, the U.S.A. and others – exactly the countries that have recently seen an explosion of suicide terrorism. (shrink)

This paper examines the role of respect (specifically, the interest in having the respect of other people) in enabling blame to be effective: i.e., to achieve the desired effect of changing the blamed’s attitude and behavior. It develops an account of blame’s operations in three different cases: standard, intermediate, and proleptic. It ends by raising the worry that effective blame toward the morally distant approximates manipulation and coercion, leaving a moral residue.

I critically examine the South African university student and worker protests of 2015/2016 in light of moral principles governing the use of force that are largely uncontested in both the contemporary Western and African philosophies of just war, violence and threats. Amongst these principles are: “discrimination”, according to which force should be directed not towards innocent bystanders but instead should target those particularly responsible for injustice; “likely success”, meaning that, instead of being counter-productive, the use of force must be (...) reasonably expected to advance a just cause; and “last resort”, which entails that only the least force necessary to rebut injustice should be employed. I invoke these and related principles to appraise a wide array of types of student/worker protests, noting which of them accorded with the principles and which did not. I also reply to defences that some South Africans have recently made of protesting with coercion and destruction. (shrink)

Inclusive fitness theory was not originally designed to explain the major transitions in evolution, but there is a growing consensus that it has the resources to do so. My aim in this paper is to highlight, in a constructive spirit, the puzzles and challenges that remain. I first consider the distinctive aspects of the cooperative interactions we see within the most complex social groups in nature: multicellular organisms and eusocial insect colonies. I then focus on one aspect in particular: the (...) extreme redundancy these societies exhibit. I argue that extreme redundancy poses a distinctive explanatory puzzle for inclusive fitness theory, and I offer a potential solution which casts coercion as the key enabler. I suggest that the general moral to draw from the case is one of guarded optimism: while inclusive fitness is a powerful tool for understanding evolutionary transitions, it must be integrated within a broader framework that recognizes the distinctive problems such transitions present and the distinctive mechanisms by which these problems may be overcome. (shrink)

Drugs used to provide improvement of cognitive functioning have been shown to be effective in healthy individuals. It is sometimes assumed that the use of these drugs constitutes cheating in an academic context. We examine whether this assumption is ethically sound. Beyond providing the most up-to-date discussion of modafinil use in an academic context, this contribution includes an overview of the safety of modafinil use in greater depth than previous studies addressing the issue of cheating. Secondly, we emphasize two crucial, (...) but hitherto nearly overlooked, nuances to the issues: the potential for modafinil to decrease inequality and disadvantage in academic settings, and the fact that how modafinil is used dramatically impacts its effects on health, coercion, fairness, authenticity and effort. Finally, we explicitly defend the position that there are no qualitatively morally relevant differences between modafinil use and other enhancement modalities; any such differences are in degree,... (shrink)

Este trabajo se inserta en un proyecto mayor consistente en la evaluación moral de las políticas de seguridad a la luz del ideal político republicano de libertad como no dominación. Los razonamientos en torno al poder punitivo desde la Ilustración hasta nuestros días han tomado mayoritariamente como punto de partida la concepción de libertad hobbesiana. Según esta concepción un individuo es libre sí y sólo sí no padece interferencias provocadas por otros individuos. La interferencia es entendida aquí como una (...) intervención más o menos intencional. El Estado aparece como una institución que causa la libertad y, en particular, el derecho penal es una interferencia tan mala en sí misma como la coerción procedente de otras direcciones, pero justificada en la medida que disminuye el nivel general de coerción.• Si el nivel de interferencia producido por el derecho es menor que el nivel de interferencia privada que el aparato estatal evita que se produzca, entonces los individuos son más libres. La concepción hobbesiana de libertad se presenta así, utilizando la distinción introducida por Isaiah Berlin3 como un tipo de libertad negativa. A diferencia de la concepción clásica de libertad, presente por ejemplo en Aristóteles, no requiere de la existencia de autodominio o control -ya sea personal o político- por parte del individuo. (shrink)

We characterize, more precisely than before, what Rawls calls the “analytical” method of drawing up a list of basic liberties. This method employs one or more general conditions that, under any just social order whatever, putative entitlements must meet for them to be among the basic liberties encompassed, within some just social order, by Rawls’s first principle of justice (i.e., the liberty principle). We argue that the general conditions that feature in Rawls’s own account of the analytical method, which employ (...) the notion of necessity, are too stringent. They ultimately fail to deliver as basic certain particular liberties that should be encompassed within any fully adequate scheme of liberties. To address this under-generation problem, we provide an amended general condition. This replaces Rawls’s necessity condition with a probabilistic condition and it appeals to the standard liberal prohibition on arbitrary coercion by the state. We defend our new approach both as apt to feature in applications of the analytical method and as adequately grounded in justice as fairness as Rawls articulates the theory’s fundamental ideas. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, (...) offers advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

A plausible explanation of the wrongfulness of threatening, advanced most explicitly by Mitchell Berman, is that the wrongfulness of threatening derives from the wrongfulness of the act threatened. This essay argues that this explanation is inadequate. We can learn something important about the wrongfulness of threatening (with implications for thinking about coercion) by comparing credible threats to some other claims of impending harm. A credible bluff threat to do harm is likely to be more and differently wrongful than making (...) intentionally false warnings about other sources of harm. This essay surveys some examples to secure this point, shows that Berman's moralized account of their wrongfulness is wanting, and offers the outline of an approach better suited to explain the wrongfulness of threatening.1. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, (...) offers advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)