Journal article

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 that they are human beings. Thus it is in this sense that legal coercion fails to treat individuals with the kind of respect 'due to them as men'. © 2013 Springer Science+Business Media Dordrecht.

Publication status:: Published

Peer review status:: Peer reviewed

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APA Style

Lee, A. (2013). Legal Coercion, Respect and Reason-Responsive Agency. Ethical Theory and Moral Practice, 17(5), 847–859.

MLA Style

Lee, A. “Legal Coercion, Respect and Reason-Responsive Agency.” Ethical Theory and Moral Practice, vol. 17, no. 5, Springer Verlag, 2013, pp. 847–59.

Chicago Style

Lee, A. 2013. “Legal Coercion, Respect and Reason-Responsive Agency.” Ethical Theory and Moral Practice 17 (5): 847–59.
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Files:: Legal_Coercion_Respect_and_Reason-respon.pdf

(Preview, Accepted manuscript, pdf, 379.4KB, Terms of use)

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

Authors

+ Lee, A More by this author

Institution:: University of Oxford
Division:: SSD
Department:: Law
Sub department:: Centre for Criminology
Role:: Author

+ Leverhulme Trust More from this funder

Grant:: “Internal Constraints to Coercive Harm Prevention” Project (ID: ECF-2012-032

+ Arts and Heritage Research Council More from this funder

Grant:: “Preventive Justice” Project (ID: AH/H015655/1

Publisher:: Springer Verlag
Journal:: Ethical Theory and Moral Practice More from this journal
Volume:: 17
Issue:: 5
Pages:: 847-859
Publication date:: 2013-12-30
DOI:: 10.1007/s10677-013-9486-4
EISSN:: 1572-8447
ISSN:: 1386-2820

Keywords:: Equality

Reason-responsive

Autonomy

Legal coercion

Respect
Pubs id:: pubs:479194
UUID:: uuid:361a256c-3e4d-4921-9310-78e0853e0cf2
Local pid:: pubs:479194
Source identifiers:: 479194
Deposit date:: 2016-02-14

Terms of use

Copyright holder:: Springer Science+Business Media
Copyright date:: 2013
Notes:: © Springer Science+Business Media Dordrecht 2013. This is the accepted manuscript version of the article. The final version is available online from Springer at: [10.1007/s10677-013-9486-4]

Licence:: Terms and Conditions of Use for Oxford University Research Archive

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