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Coerce
Coercion involves compelling a party to act in an involuntary manner through the use of threats, including threats to use force against that party. It involves a set of forceful actions which violate the free will of an individual in order to induce a desired response. These actions may include extortion, blackmail, or even torture and sexual assault. Common-law systems codify the act of violating a law while under coercion as a duress crime. Coercion used as leverage may force victims to act in a way contrary to their own interests. Coercion can involve not only the infliction of bodily harm, but also psychological abuse (the latter intended to enhance the perceived credibility of the threat). The threat of further harm may also lead to the acquiescence of the person being coerced. The concepts of coercion and persuasion are similar, but various factors distinguish the two. These include the intent, the willingness to cause harm, the result of the interaction, and the options ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Duress In English Law
Duress in English law is a complete common law defence, operating in favour of those who commit crimes because they are forced or compelled to do so by the circumstances, or the threats of another. The doctrine arises not only in criminal law but also in civil law, where it is relevant to contract law and trusts law. Contract law Duress involves illegitimate threats. The common law long allowed a claim if duress was of a physical nature. So long as a threat is just one of the reasons a person enters an agreement, even if not the main reason, the agreement may be avoided. In '' Barton v Armstrong'' Mr Armstrong tried to "strong-arm" Mr Barton into paying him a large golden parachute to exit a business by getting his goons to make death threats to Barton's family. Even though Barton was tough, and would have probably done the payout regardless, he could avoid the agreement. Only late in the 20th century was escape allowed if the threat involved illegitimate economic harm. A thre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Free Will
Free will is generally understood as the capacity or ability of people to (a) choice, choose between different possible courses of Action (philosophy), action, (b) exercise control over their actions in a way that is necessary for moral responsibility, or (c) be the ultimate source or originator of their actions. There are different theories as to its nature, and these aspects are often emphasized differently depending on philosophical tradition, with debates focusing on whether and how such freedom can coexist with determinism, divine foreknowledge, and other constraints. Free will is closely linked to the concepts of moral responsibility, praise, culpability, and other judgements which apply only to actions that are freely chosen. It is also connected with the concepts of Advice (opinion), advice, persuasion, deliberation, and Prohibitionism, prohibition. Traditionally, only actions that are freely Will (philosophy), willed are seen as deserving credit or blame. Whether free ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sexual Assault
Sexual assault is an act of sexual abuse in which one intentionally Physical intimacy, sexually touches another person without that person's consent, or Coercion, coerces or physically forces a person to engage in a sexual act against their will. It is a form of sexual violence that includes child sexual abuse, groping, rape (forced sexual penetration, no matter how slight), drug facilitated sexual assault, and the torture of the person in a sexual manner. Definition Generally, sexual assault is defined as unwanted sexual contact. The National Center for Victims of Crime states: In the United States, the definition of sexual assault varies widely among the individual states. However, in most states sexual assault occurs when there is lack of consent from one of the individuals involved. Consent must take place between two adults who are not incapacitated and consent may change, by being withdrawn, at any time during the sexual act. Sexual assault can be defined as viola ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Monopoly On Violence
In political philosophy, a monopoly on violence or monopoly on the legal use of force is the property of a polity that is the only entity in its jurisdiction to legitimately use force, and thus the supreme authority of that area. While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay '' Politics as a Vocation'' (1919), the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work '' Les Six livres de la République'' and English philosopher Thomas Hobbes's 1651 book ''Leviathan''. Weber claims that the state is the "only human '' Gemeinschaft'' which lays claim to the monopoly on the legitimate use of physical force. As such, states can resort to coercive means such as incarceration, expropriation, humiliation, and death threats to obtain the population's compliance with its rule and thus mai ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Involuntary Treatment
Involuntary treatment or mandatory treatment refers to medical treatment undertaken without the consent of the person being treated. Involuntary treatment is permitted by law in some countries when overseen by the judiciary through court orders; other countries defer directly to the medical opinions of doctors. Some countries have general legislation allowing for any treatment deemed necessary if an individual is unable to consent to a treatment due to a perceived lack of Mental capacity in England and Wales, capacity, other legislation may specifically deal with involuntary psychiatric treatment of individuals who have been diagnosed with a mental disorder. Psychiatric treatment normally happens in a psychiatric hospital after some form of involuntary commitment, though individuals may be compelled to undergo treatment outside of hospitals via outpatient commitment. The diagnosis of mental disorders can be carried out by some form clinical practitioner, or in some cases law en ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rudolf Von Jhering
Caspar Rudolph Ritter von Jhering (; also Ihering; 22 August 1818 – 17 September 1892) was a German jurist. He is best known for his 1872 book ''Der Kampf ums Recht'' (''The Struggle for Law''), as a legal scholar, and as the founder of a modern sociological and German Historical School, historical school of law. His ideas were important to the subsequent development of the "jurisprudence of interests" in Germany. Life and career Jhering was born on 22 August 1818 in Aurich, the Kingdom of Hanover. He entered the University of Heidelberg in 1836 and also studied in University of Göttingen, Göttingen, University of Munich, Munich, and starting 1838 in Humboldt University of Berlin, Berlin, where he earned his PhD. Of all his teachers, Georg Friedrich Puchta was the most influential one to him. In 1844, after graduating as a ''Juris Doctor, doctor juris'', Jhering established himself in Berlin as ''Privatdozent'' for Roman law, and delivered public lectures on the ''Geist de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
State (polity)
A state is a politics, political entity that regulates society and the population within a definite territory. Government is considered to form the fundamental apparatus of contemporary states. A country often has a single state, with various administrative divisions. A state may be a unitary state or some type of federation, federal union; in the latter type, the term "state" is sometimes used to refer to the federated state, federated polities that make up the federation, and they may have some of the attributes of a sovereign state, except being under their federation and without the same capacity to act internationally. (Other terms that are used in such federal systems may include "province", "Region#Administrative regions, region" or other terms.) For most of prehistory, people lived in stateless societies. The earliest forms of states arose about 5,500 years ago. Over time societies became more Social stratification, stratified and developed institutions leading to Centra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Informal Coercion
In the context of a doctor–patient relationship, informal coercion is a social process where a healthcare profession tries to make a patient adhere to the healthcare system's desired treatment without making use of formal coercion such as involuntary commitment combined with involuntary treatment. An example of involuntary treatment in mental health care is intramuscular injection with the antipsychotic haloperidol. Informal coercion is often applied by health professionals as part of mental health treatment but is also used by friends and family of a service user. Classification Several hierarchies of informal coercion have been created. Smuzkler and Appelbaum defined a five-level hierarchy of coercion: # persuasion # interpersonal leverage # inducements # threats # compulsory treatment. Lidz et al. define nine forms of informal coercion: # persuasion # inducement # threats # show of force # physical force # legal force # request for a dispositional preference # giving ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adherence (medicine)
In medicine, patient compliance (also adherence, capacitance) describes the degree to which a person correctly follows medical advice. Most commonly, it refers to medication or drug compliance, but it can also apply to other situations such as medical device use, self care, self-directed exercises, therapy sessions, or medical follow-up visits. Both patient and health-care provider affect compliance, and a positive physician-patient relationship is the most important factor in improving compliance. Access to care plays a role in patient adherence, whereby greater wait times to access care contributing to greater absenteeism. The cost of prescription medication and potential side effects also play a role. Compliance can be confused with concordance, which is the process by which a patient and clinician make decisions together about treatment. Worldwide, non-compliance is a major obstacle to the effective delivery of health care. 2003 estimates from the World Health Organization ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Threat
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for coercion is considered a threat. Threatening or threatening behavior (or criminal threatening behavior) is the crime of intentionally or knowingly putting another person in fear of bodily injury. Some of the more common types of threats forbidden by law are those made with an intent to obtain a monetary advantage or to compel a person to act against their will. In most U.S. states, it is an offense to threaten to (1) use a deadly weapon on another person; (2) injure another's person or property; or (3) injure another's reputation. Law Brazil In Brazil, the crime of threatening someone, defined as a threat to cause unjust and grave harm, is punishable by a fine or three months to one year in prison, as described in the Brazilian Pe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Political Freedom
Political freedom (also known as political autonomy or political agency) is a central concept in history and political thought and one of the most important features of democratic societies.Hannah Arendt, "What is Freedom?", ''Between Past and Future: Eight Exercises in Political Thought'', (New York: Penguin, 1993). Political freedom has been described as freedom from oppression or coercion, the absence of disabling conditions for an individual and the fulfillment of enabling conditions, or the absence of life conditions of compulsion in society, such as economic compulsion. Although political freedom is often interpreted negatively as the freedom from unreasonable external constraints on action, it can also refer to the positive exercise of rights, capacities and possibilities for action and the exercise of social or group rights. The concept can also include freedom from internal constraints on political action or speech such as social conformity, consistency, or inauthen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Metaphor
A metaphor is a figure of speech that, for rhetorical effect, directly refers to one thing by mentioning another. It may provide, or obscure, clarity or identify hidden similarities between two different ideas. Metaphors are usually meant to create a likeness or an Analogy, analogy. Analysts group metaphors with other types of figurative language, such as antithesis, hyperbole, metonymy, and simile. According to Grammarly, "Figurative language examples include similes, metaphors, personification, hyperbole, allusions, and idioms." One of the most commonly cited examples of a metaphor in English literature comes from the "All the world's a stage" monologue from ''As You Like It'': All the world's a stage, And all the men and women merely players; They have their exits and their entrances And one man in his time plays many parts, His Acts being seven ages. At first, the infant... :—William Shakespeare, ''As You Like It'', 2/7 This quotation expresses a metaphor because the w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
