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The Moral Limits of the Criminal Law Volume 3: Harm to Self$
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Joel Feinberg

Print publication date: 1989

Print ISBN-13: 9780195059236

Published to Oxford Scholarship Online: November 2003

DOI: 10.1093/0195059239.001.0001

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Failures of Consent: Coercive Offers

Failures of Consent: Coercive Offers

Chapter:
(p.229) 24 Failures of Consent: Coercive Offers
Source:
The Moral Limits of the Criminal Law Volume 3: Harm to Self
Author(s):

Joel Feinberg

Publisher:
Oxford University Press
DOI:10.1093/0195059239.003.0008

Coercive offers rearrange a person's options in such a way as that he “has no choice” but to comply or else suffer an unacceptable consequence. They are offers because the proposer does not threaten any harm beyond what would happen anyway without his gratuitous intervention. Examining the related problems of noncoercive enticements, exploitation, unequal bargaining positions, and the applicability of coercion to criminal law problems, Feinberg maintains that a third party is justified in interfering forcibly with actions of X on Y's behalf if and only if those actions are harmful or dangerous to Y, and either Y has not consented to them or his consent was not sufficiently voluntary to be valid.

Keywords:   coercion, consent, threats

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