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Overview
A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions - what, if anything, can legitimate state exercises of coercive force? What is coercion in politics and law? - and essays that take a first or nearly first look at newer questions - may the state coercively hold certain terrorists indefinitely? Does the state coerce those seeking to join in same-sex marriage when it refuses to extend legal recognition to same-sex marriage? Can there be a just international order without some agency possessed of the final and rightful authority to coerce states? Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
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Table of Contents
Introduction David A. Reidy Walter J. Riker 1
What is Coercion?
How Did There Come To Be Two Kinds of Coercion? Scott A. Anderson 17
On Coercion Burton M. Leiser 31
Undue Influence as Coercive Offers in Clinical Trials Joan McGregor 45
Coercion and the State: Justification and Limits
Coercion, Justice, and Democracy Alistair M. Macleod 63
Democratic Legitimacy and the Reasoned Will of the People Walter J. Riker 77
John Brown's Duties: Obligation, Violence, and 'Natural Duty' Christian T. Sistare 95
Coercion and the State: Legal Powers and Status
Coercion, Neutrality, and Same-Sex Marriage Emily R. Gill 115
The Cheshire Cat: Same-Sex Marriage, Religion, and Coercion by Exclusion Kenneth Henley 129
Coercion and the State: National Security
Indefinite Detention for Mega-Terrorists? Don E. Scheid 147
The Great Right: Habeas Corpus Wade L. Robison 161
Coercion and the International Order
Coercion Abroad for the Protection of Rights Steven P. Lee 177
Transnational Power, Coercion, and Democracy Carol C. Gould 189
A Developmental Approachto the Legitimacy of Global Governance Institutions Monica Hlavac 203
Global Economic Justice, Partiality, and Coercion Bruce Landesman 225
International and Cosmopolitan Political Obligations Helga Varden 239
Index 251