David A. Reidy's Coercion and the State (AMINTAPHIL: The Philosophical PDF

By David A. Reidy

ISBN-10: 1402068786

ISBN-13: 9781402068782

A sign characteristic of criminal and political associations is they workout coercive energy. The essays during this quantity research institutional coercion with the purpose of attempting to comprehend its nature, justification and bounds. integrated are essays that take a clean examine perennial questions. prime students from philosophy, political technology and legislations research those and similar questions laying off new gentle on an it appears inescapable function of political and criminal existence: Coercion.

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Additional info for Coercion and the State (AMINTAPHIL: The Philosophical Foundations of Law and Justice)

Example text

This seems to me an important interpretive choice. The difference in power created by the gunman’s weapon is not extraneous or incidental to Hart’s use of this example to explain coercion. To see why, it helps to consider briefly Hart’s understanding of the role of law in protecting individuals from scofflaws and deviants. , that of the state) necessarily requires the employment of coercive sanctions in order to establish rules for public safety and stability, and thereby make voluntary compliance rational.

In short, a contract or agreement that one party is coerced into making— whether it is written or oral—is no contract at all. Similarly, the recent incident in which two journalists being held captive by Muslim terrorists were coerced into converting to Islam at gunpoint resulted in no conversion at all, though some Muslims insist that once a conversion has taken place, even under such circumstances, it is valid and enforceable under Islamic law. M. Leiser Discussions of coercion in date rape are often hopelessly confused.

Notably, the above mentioned writers’ views on coercion can be traced directly to Nozick’s article. If one does not attend to recent intellectual history when considering these views, it could lead one to suppose that the notion of coercion being discussed is the same as the one that has been prominent throughout the history of western political philosophy. 31 28 Michael J. Murray and David F. ,” American Philosophical Quarterly 32 (1995), 118. 29 Denis G. Arnold, “Coercion and Moral Responsibility,” American Philosophical Quarterly 38 (2001), 61 (my emphasis).

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Coercion and the State (AMINTAPHIL: The Philosophical Foundations of Law and Justice) by David A. Reidy

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