Coercion and the State PDF
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Coercion and the State AMINTAPHIL The Philosophical Foundations of Law and Justice Series editor Mortimer Sellers, University of Baltimore Editorial board: Leslie P. Francis, University of Utah Carol Gould, Temple University Steven P. Lee Hobart and William Smith Colleges Rex Martin, University of Kansas and Cardiff University Larry May, Washington University in St. Louis Christine T. Sistare, Muhlenberg College David A. Reidy (cid:127) Walter J. Riker Editors Coercion and the State David A. Reidy Walter J. Riker University of Tennessee Vanderbilt University Knoxville, TN Nashville, TN USA USA ISBN 978-1-4020-6878-2 e-ISBN 978-1-4020-6879-9 Library of Congress Control Number: 2007942722 © 2008 Springer Science + Business Media B.V. No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written p ermission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Printed on acid-free paper 9 8 7 6 5 4 3 2 1 springer.com We dedicate this volume to our wives, Kathy and Dawn, with love and gratitude Contents 1 Introduction ................................................................................................. 1 David A. Reidy and Walter J. Riker Part I What is Coercion? 2 How Did There Come To Be Two Kinds of Coercion? ............................ 17 Scott A. Anderson 3 On Coercion ................................................................................................. 31 Burton M. Leiser 4 Undue Influence as Coercive Offers in Clinical Trials ............................ 45 Joan McGregor Part II Coercion and the State: Justification and Limits 5 Coercion, Justice, and Democracy ............................................................. 63 Alistair M. Macleod 6 Democratic Legitimacy and the Reasoned Will of the People ........................................................................................ 77 Walter J. Riker 7 John Brown’s Duties: Obligation, Violence, and ‘Natural Duty’ ...................................................................................... 95 Christian T. Sistare Part III Coercion and the State: Legal Powers and Status 8 Coercion, Neutrality, and Same-Sex Marriage ..................................... 115 Emily R. Gill vii viii Contents 9 The Cheshire Cat: Same-Sex Marriage, Religion, and Coercion by Exclusion ...................................................................... 129 Kenneth Henley Part IV Coercion and the State: National Security 10 Indefinite Detention for Mega-Terrorists?............................................. 147 Don E. Scheid 11 The Great Right: Habeas Corpus ........................................................... 161 Wade L. Robison Part V Coercion and the International Order 12 Coercion Abroad for the Protection of Rights....................................... 177 Steven P. Lee 13 Transnational Power, Coercion, and Democracy .................................. 189 Carol C. Gould 14 A Developmental Approach to the Legitimacy of Global Governance Institutions .......................................................... 203 Monica Hlavac 15 Global Economic Justice, Partiality, and Coercion .............................. 225 Bruce Landesman 16 International and Cosmopolitan Political Obligations ......................... 239 Helga Varden Index .................................................................................................................. 251 Contributors Scott A. Anderson is Assistant Professor of Philosophy at the University of British Columbia, and a Visiting Fellow at the University of Chicago Law School, 2007– 2008. He works in ethics, social and political philosophy, and the philosophy of sex and gender, with a special interest in coercion. Emily R. Gill is Caterpillar Professor of Political Science at Bradley University. She is the author of a number of articles on various aspects of liberal political theory, including democratic theory, pluralism and groups, citizenship, and feminist theory, and the book Becoming Free: Autonomy and Diversity in the Liberal Polity (2001). Carol C. Gould is Professor of Philosophy and Political Science and Director of the Center for Global Ethics and Politics at Temple University. She is the author of many articles in social and political philosophy, feminist theory, and applied ethics, and has edited or co-edited eight books. She is the author of Globalizing Democracy and Human Rights (2004), Rethinking Democracy (1988), and Marx’s Social Ontology (1978). Kenneth Henley is Professor of Philosophy at Florida International University. He has published articles on political and legal philosophy and ethics in various books and journals. His most recent work concerns the rule of law and the International Criminal Court, sovereignty, and the limits of legal positivism as evinced by the British extradition case of Augusto Pinochet. Monica Anne Hlavac is a Ph.D. candidate in Philosophy at Duke University where she is working on a dissertation on the legitimacy of the human rights regime. Bruce Landesman is Associate Professor of Philosophy at the University of Utah. His special interests include ethics, political philosophy, applied ethics, and Marxism. He is the author or co-author of a number of articles, including several on professional responsibility. Steven P. Lee is Professor of Philosophy at Hobart and William Smith Colleges. He has written widely on issues in moral philosophy, especially on the ethics of war. Recently, he has edited the previous volume in this series, Intervention, Terrorism, and Torture: Contemporary Challenges to Just War Theory (2006). ix x Contributors Burton M. Leiser is Emeritus Professor of Philosophy at Pace University in New York. He received his Ph.D. in Philosophy from Brown University, his J.D. from Drake University, and degrees from the University of Chicago and Yeshiva University. He is the author or editor of a number of books in philosophy and law, most notably the three editions of Liberty, Justice, and Morals: Contemporary Value Conflicts (1986). Joan McGregor is the Lincoln Professor of Bioethics and Professor of Philosophy at Arizona State University. Her research interests include cultural issues that arise in biomedical contexts, the patenting of human biological materials, and coercion. She has authored a number of papers and the book Is It Rape? On Acquaintance Rape and Taking Women’s Consent Seriously (2005). Alistair M. Macleod is Emeritus Professor of Philosophy at Queen’s University, Canada, where he teaches moral and political philosophy. In addition to Social Justice, Progressive Politics and Taxes (2004), his recent publications include papers on free markets and democracy, invisible hand arguments, the war on terrorism, and human rights. David A. Reidy is Associate Professor of Philosophy at the University of Tennessee where he is also Chair of the Legal Studies Program. He is the author of many articles, and the editor of several volumes, on the work of John Rawls and in political and legal philosophy more generally. His most recent book is the monograph On the Philosophy of Law (2007). Walter J. Riker is Lecturer in Philosophy at Vanderbilt University. He received his Ph.D. in Philosophy from the University of Tennessee. He works in political and legal philosophy and applied ethics. He has previously published in Social Philosophy Today, Southwest Philosophy Review, and, most recently, Political Studies, where his essay, “The Democratic Peace is Not Democratic: On Behalf of Rawls’s Decent Peoples,” appears. Wade L. Robison is the Ezra A. Hale Professor of Applied Ethics at the Rochester Institute of Technology. He received his Ph.D. in Philosophy from the University of Wisconsin-Madison, with a minor in law. He has published extensively in philosophy of law, on David Hume, and in practical and professional ethics. His book Decisions in Doubt: The Environment and Public Policy (1994) won the Nelson A. Rockefeller Prize in Social Science and Public Policy. Don E. Scheid is Professor of Philosophy at Winona State University. He received his Ph.D. in Philosophy from New York University and his J.D. from the University of Utah. He has taught at Bowdoin College, University of Illinois-Urbana, and the University of Utah. His main areas of interest are moral and political philosophy and the philosophy of criminal law. Christine T. Sistare is Professor of Philosophy and Chair of the Philosophy Department at Muhlenberg College, where she also co-directs the Philosophy & Political Thought Program. She is the editor of Civility and Its Discontents (2004),
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