Duress (contract law)
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Coercion () is compelling a party to act in an involuntary manner by the use of threats, including threats to use force against a party. It involves a set of forceful actions which violate the
free will Free will is the capacity of agents to choose between different possible courses of action unimpeded. Free will is closely linked to the concepts of moral responsibility, praise, culpability, sin, and other judgements which apply only to ac ...
of an individual in order to induce a desired response. These actions may include
extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...
, blackmail, or even
torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...
and sexual assault. For example, a bully may demand lunch money from a student where refusal results in the student getting beaten. In
common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
systems, the act of violating a law while under coercion is codified as a duress crime. Coercion can be used as leverage to force the victim 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 available to the coerced party.
John Rawls John Bordley Rawls (; February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the liberal tradition. Rawls received both the Schock Prize for Logic and Philosophy and the National Humanities Medal in ...
,
Thomas Nagel Thomas Nagel (; born July 4, 1937) is an American philosopher. He is the University Professor of Philosophy and Law Emeritus at New York University, where he taught from 1980 to 2016. His main areas of philosophical interest are legal philosophy, ...
, Ronald Dworkin, and other political authors argue that the state is coercive. Max Weber defined a state as "a community which has a monopoly on the legitimate use of force." Morris argues that the state can operate through incentives rather than coercion. In healthcare, informal coercion may be used to make a patient adhere to a doctor's
treatment plan Treatment may refer to: * "Treatment" (song), a 2012 song by * Film treatment, a prose telling of a story intended to be turned into a screenplay * Medical treatment or therapy * Sewage treatment * Surface treatment or surface finishing * Water ...
. Under certain circumstances, physical coercion is used to treat a patient involuntarily.


Overview

The purpose of coercion is to substitute one's aims to those of the victim. For this reason, many social philosophers have considered coercion as the polar opposite to freedom. Various forms of coercion are distinguished: first on the basis of the ''kind of injury'' threatened, second according to its ''aims'' and ''scope'', and finally according to its ''effects'', from which its legal, social, and ethical implications mostly depend.


Physical

Physical coercion is the most commonly considered form of coercion, where the content of the conditional threat is the use of force against a victim, their relatives or property. An often used example is "putting a gun to someone's head" (''at gunpoint'') or putting a "knife under the throat" (''at knifepoint'' or cut-throat) to compel action under the threat that non-compliance may result in the attacker harming or even killing the victim. These are so common that they are also used as
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 often compared wi ...
s for other forms of coercion. Armed forces in many countries use
firing squad Execution by firing squad, in the past sometimes called fusillading (from the French ''fusil'', rifle), is a method of capital punishment, particularly common in the military and in times of war. Some reasons for its use are that firearms are ...
s to maintain discipline and intimidate the masses, or opposition, into submission or silent compliance. However, there also are nonphysical forms of coercion, where the threatened injury does not immediately imply the use of force. Byman and Waxman (2000) define coercion as "the use of threatened force, including the limited use of actual force to back up the threat, to induce an adversary to behave differently than it otherwise would."Byman, Daniel L.; Waxman, Matthew C.: ''Kosovo and the Great Air Power Debate'', '' International Security'', Vol. 24, No. 4 (Spring, 2000), pp. 5–38. Coercion does not in many cases amount to destruction of property or life since compliance is the goal.


Psychological

In psychological coercion, the threatened injury regards the victim's relationships with other people. The most obvious example is '' blackmail'', where the threat consists of the dissemination of damaging information. However, many other types are possible e.g. "
emotional blackmail Emotional blackmail and FOG are terms popularized by psychotherapist Susan Forward about controlling people in relationships and the theory that fear, obligation and guilt (FOG) are the transactional dynamics at play between the controller and t ...
", which typically involves threats of rejection from or disapproval by a peer-group, or creating feelings of guilt/obligation via a display of anger or hurt by someone whom the victim loves or respects.


See also


Notes


References

* * Lifton, Robert J. (1961) ''Thought Reform and the Psychology of Totalism'', Penguin Books.


External links

* * . * Carter, Barry E
Economic Coercion
''Max Planck Encyclopedia of Public International Law'' (subscription required) {{Authority control Abuse Authority Bullying Legal terminology Psychological abuse Interrogation techniques Power (social and political) concepts