This thesis argues for a novel understanding of the relationship between law and coercion. One of the relationships H.L.A. Hart sought to clarify is between law and coercion. In his work, Hart denies that coercion is a conceptually necessary feature of law – denies that the existence of law is in some sense determined by the presence of coercive mechanisms. According to Hart, coercion is naturally necessary to our legal practices. We humans need our law to be backed by coercive mechanisms so that it can do what it is supposed to: serve as an authoritative guide for behaviour. Investigating the relationship between law and coercion not only depends on what one thinks about law, but also what one means by ‘coercion.’ I define an instance of coercion as a forced-choice. I also explain that understanding what it means to say, ‘law coerces’ is made difficult by the fact that what is coercive for one person may not be coercive for another. This subjective aspect of coercion means that more specific questions need to be asked in order to understand the relationship between law and coercion. This thesis asks: is there a conceptual relationship between law and the law’s institutionalisation and utilisation of coercive mechanisms? I argue that coercive mechanisms are not a conceptually necessary feature of law. I also argue that Hart’s work still leaves the relationship between law and coercion problematically undefined. Rather, I put forward the claim that law is coercion-apt. I expand this claim by distinguishing law from other normative systems, like morality. Unlike law, morality, I argue, is not coercion-apt. Therefore, this thesis not only refines our understanding of the relationship between law and coercion, but also between law and morality – which is another relationship Hart sought to clarify in his work. / Thesis / Candidate in Philosophy / This thesis explores the relationship between law and coercion. By ‘coercion’, I mean the way in which the law forces compliance with its prohibitions and requirements through the institutionalisation of sanctions (e.g., fines or prison sentences). A debate concerning the relationship between law and coercion has been present in jurisprudential literature for decades. Those who claim that that coercion is a conceptually necessary feature of law are essentially claiming that the existence of law is, in part, determined by the presence of coercive mechanisms. In this thesis I explain why such claims are erroneous. I then defend my own understanding of the relationship between law and coercion. I argue that it would be incorrect to call y ‘law’ if y is not coercion-apt. I explain what it means to say, ‘law is coercion-apt’ by distinguishing law from other normative systems like morality, religion, and voluntary associations and clubs.

Energy Security is a necessity of modern society and as technology and society evolve so does the requirement to secure energy to provide stability for state governments. Europe is in a transition period of increasing cohesion and integration, and Russia is leveraging its natural resources to conduct disruption campaigns coupled with energy coercion tactics. The EU is developing and has implemented policies conducive of energy security that requires member-states to enhance stability through energy security both through supply and demand. The European Energy Security Strategy established a system of pillars that was designed to increase overall energy security through a multidimensional approach. The effectiveness of EU energy policy is a critical issue that must be examined in order to establish that European energy security policy can be used as an effective countermeasure to Russian energy coercion and initiatives. / Master of Arts / This study focused on energy security policies in the European Union as a countermeasure to energy coercion. While this project sought to identify the effectiveness of the EU’s current policy, there were two outcomes. First, the thesis provided strong evidence to support that EU energy security policy is an effective countermeasure against energy coercion tactics. The second outcome was a model that enables the analysis of policy implementation in Europe. Topics discussed throughout this thesis include: Russian energy strategy, EU energy security policy, energy efficiency, and policy implementation. This study ultimately focused on the European Energy Security Strategy, which established a system of pillars that was designed to increase overall energy security through a multidimensional approach. The importance lies in the effectiveness of EU energy policy as a critical issue that must be examined to establish that European energy security policy can be used as an effective countermeasure to Russian energy coercion and initiatives.

This study seeks to explore the concept of ἀνάγκη (and the related terms ἀναγκαίος and ἀναγκαίως) in Greek literature written before 400 BCE. All passages containing these words from the time period were located, translated and analysed according to specific criteria concerning the usage and interpretation of the term. The resulting exploration was then split into five main sections: physical compulsion, moral compulsion, cosmology, circumstantial compulsion and the personification of compulsion. These sections were then examined according to both context and subtle differences in the meaning of ἀνάγκη terms within these contexts. The vast majority concerned some form of violence, physical force or fear of violent repercussions. Although the focus was on the interpretation of texts dating to before 400 BCE, owing to their fragmentary nature but considerable importance, the cosmological texts had to be examined in conjunction with later texts in order to shed more light on the meaning of ἀνάγκη in this context. Statistical analysis was performed on the 466 texts located and they were further analysed to track variations across time and genre-specific usages. Several types of usage were seen to develop only towards the end of the fifth century after 450 BCE including the notion of relative compulsions; the necessity for revenge and compelled alliances were seen to develop at this time. Recommendations were made with regards to the best and most appropriate translations; the majority of passages would require either the translation of coercion, constraint or compulsion for ἀνάγκη with the exception of the adjectival ἀναγκαίος which can mean blood relatives or similarly obligated individuals. The translation of necessity, although generally the given interpretation of ἀνάγκη was seldom appropriate since it did not grasp the entire meaning of the term in context.

Background: The adult inpatient psychiatric care is regulated by law and allows certain amount of coercion, most commonly restraint, forced medication and seclusion. To be treated according to this law you need to suffer from a serious mental disorder, oppose to the care and have an indispensable need of care. Many studies describe patients experiences to be treated with coercion but few about health care workers experiences. Aim: To describe health care workers experiences of performing coercion in psychiatric compulsory care. Method: A literature review was made and eight articles is the basis for the result. Results: From the articles used inthis study four themes were created. These are coercions impact on relations, health care workers feelings during coercion, coercion as a necessary evil and health care workers need for reflection. The themes are presented as headlines in the result. Conclusion: To use coercive measures brings out many different feelings among health care workers. There are both positive and negative aspects about coercive measures, but not enough support and time for reflection for the health care workers that execute them. The health care workers needto be acknowledged and feel that they have made the right decision and that they used coercion as a last resort. The result shows that there is a need for reflection and support among health care workers.

No description available.

This thesis addresses the conflict between Anna Stilz and specific liberal political philosophers regarding the nature of duties and obligations owed by individuals to the state. First, I will analyze Stilz’s argument about the nature and grounds of obligation, then address the case against such obligations, particularly as presented by the philosophical anarchist A. John Simmons. Finally, I address what I believe to be the root of the disagreement.

abstract: Libertarians affirm the right to liberty, i.e., the right to do what one wants free from interference. Libertarians also affirm the right to private property. One objection to libertarianism is that private property relations restrict liberty. This objection appears to have the consequence that libertarianism is an incoherent position. I examine Jan Narveson's version of the libertarian view and his defense of its coherence. Narveson understands the right to liberty as a prohibition on the initiation of force. I argue that if that is what the right to liberty is, then the enforcement of property rights violates it. I also examine Narveson's attempt to support private property with his distinction between interference with and mere prevention of activity and argue that this distinction does not do the work that he needs it to do. My conclusion is that libertarianism is, in a sense, impossible because conceptually unsound. / Dissertation/Thesis / M.A. Philosophy 2011

Although evidence suggests that both men and women perpetrate sexual coercion, the majority of work has traditionally focused on men as perpetrators and women as victims. Psy-chological factors, including psychopathic traits and sexual motivations, have been proposed to characterize sexually coercive men. However, the sparse existing research using female samples suggests that these models may not adequately characterize female sexual coercers. In particular, although there is evidence that sexual motivations may mediate the relationship between psycho-pathic traits and coercion perpetration, there is a dearth of information regarding gender as a po-tential moderator of these mediating paths. To improve our understanding of these relationships, the current study examines a moderated mediation model in which sexual motivations mediate the relationship between psychopathic traits and sexual coercion, with gender as a potential mod-erator of these mediation effects. To achieve this goal, 868 undergraduate participants were re-cruited to take part in an online survey. Study aims were accomplished using a combination of regression and path analysis. Results implicated Factor 2 traits as particularly important to male-perpetrated but not female-perpetrated coercion, and that this relationship was partially mediated by sexual power motives. In sum, our results support a conceptual model of male perpetration where men who are high in Factor 2 traits (impulsivity and behavioral dyscontrol) may engage in sexual coercion in an attempt to feel powerful. These results and their implications are discussed in the context of men and women’s changing social roles, and how individual psychopathology may dovetail with social beliefs to generate sexually coercive behavior.

Doctor of Philosophy / Security Studies / Sam R. Bell / This project examines the choices that rebel groups make between different types of sub-state political violence campaigns. I argue that rebels will choose a specific campaign type based on variations in the levels of state actions that cause grievances (referred to as coercion), and the capacity of both the state and the rebel group. This project develops a framework to explain the rebel decision-making process. The rebels seek to change the political behavior of the state by undertaking some form of violent campaign. Rebel campaigns are the ways in which rebels seek to obtain their ends; this project delineates between terrorist, insurgent, and civil war campaigns. However, rebels’ choice of campaign is affected by several factors: coercion, state administrative capacity, state military capacity, rebel administrative capacity, and rebel military capacity. I hypothesize that the different types of campaigns are affected differently by these factors. Additionally, I hypothesize that levels of coercion are more strongly related to the initial year of the campaign than subsequent years, regardless of campaign type. These hypotheses are analyzed via quantitative and qualitative methods. Quantitatively, this includes the development of novel latent variables for coercion and capacity prior to empirical testing of the hypotheses. Qualitatively, two case studies of rebel groups are examined; the Mau Mau in Kenya and the LTTE in Sri Lanka. The research finds limited support for the hypotheses regarding the relationships between coercion and capacity, and the rebels’ choice of campaign.

Background: Referral from the Criminal Justice System (CJS) is a key, common route into drug misuse treatment. It is important to know whether, and how, it impinges on treatment outcome, particularly in relation to motivational states that may influence behaviour change.Aim: To assess the association between motivational state and level of treatment coercion, and the effects of these on treatment engagement and outcome, among a sample of drug misuse treatment seekers in England.Setting: Patients were sampled from 342 community and residential drug misuse treatment services within 94 (of 149) commissioning areas in England during 2006-07. All patients seeking drug misuse treatment at these services were eligible for inclusion. Methods: The Circumstances, Motivation, and Readiness scale provided measures of propensity for treatment including specific sub-scores for circumstances, motivation and readiness for treatment. The degree of referral coercion was categorised according to the level of CJS involvement: CJS referral with a condition of attendance; voluntary CJS (no attendance condition); non-CJS. Predictors of propensity were examined using linear regression, with particular emphasis on level of coercion. The predictive nature of coercion and propensity in relation to treatment uptake and threshold points for duration of treatment retention was examined using logistic regression models. Cox proportional hazard models examined associations with linear measures of treatment duration. Analysis of treatment outcome focussed on changes in: the value of drugs used; severity of dependence score; and level of offending. Relationships between these measures and coercion and propensity were examined using quantile, linear and logistic regression models. These were further supported by longitudinal models, incorporating instrumental variables for continuous outcomes to account for potential time related confounding. Results: No negative association was observed between level of coercive referral and levels of motivation or readiness for treatment and conditional referral was positively associated with motivation at the point of treatment entry. Both readiness for treatment and coercion predicted treatment retention for three months, although previous treatment experience treatment and use of heroin were the most consistent predictors of retention. Increasing pre-treatment motivation predicted greater reduction in the value of drugs used but not changes in the level of offending. Neither propensity sub-scores nor coercive referral predicted change in dependence severity. However, coercion was associated with cessation of offending among opiate /crack users. Conclusions: Propensity and coercion have mutually exclusive effects on different aspects of behaviour change. Coercion can positively affect treatment retention but changes in drug taking behaviour are more strongly associated with level of intrinsic motivation. Assessment of propensity, including its motivational components, at treatment entry could inform treatment delivery but its importance should not overshadow that of other factors, which may exert more important effects. Coercive CJS referral is not detrimental to treatment success and may have particular benefits for specific populations, but the cost effectiveness of diversionary schemes should be considered.