Divorcing threats and offers

Law and Philosophy 15 (3):209 - 226 (1996)
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Abstract

Theories of threats and offers can blind us to some wrongs even as they illuminate others. Spouses sometimes negotiate divorce settlements by proposing to litigate custody unless given financial concessions. Supported by theories that rely exclusively on rights, courts often uphold these settlements saying things like "[s]imply insisting upon ... what one believes to be his legal rights is not coercive." I suggest a means of distinguishing (divorcing) threats from offers that explains why it is sometimes coercive to insist on one's rights in negotiations.

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Citations of this work

Autonomy under threat: A revised Frankfurtian account.Thomas Nys - 2009 - Philosophical Explorations 12 (1):3 – 17.

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References found in this work

Coercion.Robert Nozick - 1969 - In White Morgenbesser (ed.), Philosophy, Science, and Method: Essays in Honor of Ernest Nagel. St Martin's Press. pp. 440--72.
Coercive wage offers.David Zimmerman - 1981 - Philosophy and Public Affairs 10 (2):121-145.
A liberal theory of exploitation.Hillel Steiner - 1984 - Ethics 94 (2):225-241.
Coercive proposals [rawls and gandhi].Vinit Haksar - 1976 - Political Theory 4 (1):65-79.

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