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Legal Coercion, Respect and Reason-Responsive Agency

Abstract:

Legal coercion seems morally problematic because it is susceptible to the Hegelian objection that it fails to respect individuals in a way that is 'due to them as men'. But in what sense does legal coercion fail to do so? And what are the grounds for this requirement to respect? This paper is an attempt to answer these questions. It argues that (a) legal coercion fails to respect individuals as reason-responsive agents; and (b) individuals ought to be respected as such in virtue of the fact t...

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Publication status:
Published
Peer review status:
Peer reviewed

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Publisher copy:
10.1007/s10677-013-9486-4

Authors


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Institution:
University of Oxford
Division:
SSD
Department:
Law
Sub department:
Centre for Criminology
Role:
Author
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Grant:
“Preventive Justice” Project (ID: AH/H015655/1
More from this funder
Grant:
“Internal Constraints to Coercive Harm Prevention” Project (ID: ECF-2012-032
Publisher:
Springer Verlag Publisher's website
Journal:
Ethical Theory and Moral Practice Journal website
Volume:
17
Issue:
5
Pages:
847-859
Publication date:
2013-12-30
DOI:
EISSN:
1572-8447
ISSN:
1386-2820
Source identifiers:
479194
Keywords:
Pubs id:
pubs:479194
UUID:
uuid:361a256c-3e4d-4921-9310-78e0853e0cf2
Local pid:
pubs:479194
Deposit date:
2016-02-14

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