Law and the Entitlement to Coerce *
This chapter argues that the justification of the power to make law does not entail the existence of an entitlement to use or to threaten coercion. In a society of morally very good people, there can be a justified legal system in which no public agency or private party has any entitlement to enforce law coercively. In such a society, neither the need to address good-faith disagreement nor the need to provide a coercive assurance of people's rights would justify the risk to the innocent that coercive enforcement necessarily presents. In a society of flawed human beings, governments sometimes have an entitlement to coerce, but this entitlement may be more restrictive than is commonly supposed. A coercive response to free-riding is not always required to make laws morally binding. Depending on social circumstances, the need to address unjustified law-breaking may or may not warrant exposing the innocent to risk.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.