The Edge Cases of Coercion
Stress-testing when threats cross the line from pressure to justice.
Introduction
The core thesis: Coercion is justified only if it is pre-consented, defensive, or compensatory. This provides a clean principle, but to be robust it must withstand hard cases. Below is a systematic stress test across twenty-five scenarios. Each case now explicitly includes the mechanism, verdict, and pressure point.
1. Blackmail with True Information
Mechanism: Threat of reputational harm via disclosure.
Verdict: Illegitimate coercion. No consent; not defensive; not compensatory.
Pressure Point: Threat involves otherwise lawful act. Raises threat/offer distinction.
2. Whistleblowing Demands
Mechanism: Threat of exposure to stop harmful conduct.
Verdict: Legitimate if remedy-oriented; illegitimate if rent-seeking.
Pressure Point: Distinguishing remedy vs. exploitation.
3. Platform Bans for TOS Violations
Mechanism: Denial of access under contractual terms.
Verdict: Justified with clear consent and exit; dubious with monopoly power.
Pressure Point: Quality of consent in essential services.
4. Government Taxation
Mechanism: Threat of penalty for nonpayment.
Verdict: Dubious; justified only if narrowly defensive/compensatory.
Pressure Point: Territorial monopolies weaken consent.
5. Quarantine in Epidemics
Mechanism: Threat of restriction of movement.
Verdict: Justified defensive coercion if proportional and evidence-based.
Pressure Point: Thresholds for proportionality and evidence.
6. Civil Contempt Orders
Mechanism: Threat of incarceration until compliance.
Verdict: Justified if tied to obligations with due process.
Pressure Point: Safeguards against abuse.
7. Plea Bargains
Mechanism: Threat of harsher punishment to induce plea.
Verdict: Often illegitimate due to asymmetry.
Pressure Point: How to prevent stacking charges as leverage.
8. Employer Non-Compete Agreements
Mechanism: Threat of legal/economic penalty for leaving.
Verdict: Presumptively illegitimate unless narrow, time-bounded, compensated.
Pressure Point: Balancing trade secrets vs. agency.
9. Union Strikes
Mechanism: Collective withdrawal of labor.
Verdict: Not coercion unless paired with threats of harm.
Pressure Point: Line between economic pressure and coercion.
10. Consumer Boycotts / Social Ostracism
Mechanism: Coordinated withdrawal of commerce or reputation.
Verdict: Not coercion unless threats of harm are added.
Pressure Point: At what point reputational campaigns become coercion.
11. Doxxing Without Explicit Threat
Mechanism: Exposure of private info inviting third-party harm.
Verdict: Coercive if foreseeable harm is likely.
Pressure Point: Foreseeability criterion.
12. Hostage-Taking
Mechanism: Explicit threat to life.
Verdict: Illegitimate coercion.
Pressure Point: None; clear case.
13. Ransomware Attacks
Mechanism: Threat to delete/encrypt data.
Verdict: Illegitimate coercion.
Pressure Point: Confirms inclusion of property/information harms.
14. Parental Discipline
Mechanism: Conditional denial of privileges.
Verdict: Not coercion when welfare-bounded; coercion when threats of harm used.
Pressure Point: Guardianship carve-out.
15. Service Denial Rules (“No shirt, no service”)
Mechanism: Conditional provision of service.
Verdict: Not coercion if alternatives exist; coercion if monopolistic.
Pressure Point: Defining “meaningful alternatives.”
16. Mandatory Arbitration Clauses
Mechanism: Waiver of court rights under threat of denial of service.
Verdict: Dubious; pre-consent often nominal.
Pressure Point: Standard for valid consent in essential services.
17. Algorithmic Shadow Bans
Mechanism: Stealthy reduction of visibility/reach.
Verdict: Coercive if leveraged for compliance.
Pressure Point: Transparency and appeal rights.
18. Economic Sanctions
Mechanism: Threat of economic harm to populations.
Verdict: Often illegitimate; only justifiable if narrowly targeted.
Pressure Point: Collective punishment vs. targeted measures.
19. Contracts Signed Under Duress
Mechanism: Consent given under immediate threat.
Verdict: Illegitimate coercion.
Pressure Point: Anti-duress safeguard.
20. Deterrence Threats
Mechanism: Precommitment to retaliate.
Verdict: Justified defensive coercion if proportional.
Pressure Point: Preventing disproportionate overreach.
21. AI Shutdown Threats
Mechanism: Threat of system termination.
Verdict: Defensive if AI is a tool; murky if agent.
Pressure Point: Agency threshold for AI.
22. Religious Excommunication
Mechanism: Loss of membership and reputation.
Verdict: Not coercion unless paired with threats of harm.
Pressure Point: Social vs. coercive boundaries.
23. Police “Command Presence”
Mechanism: Gestural threat of force.
Verdict: Coercion; justified only for immediate safety.
Pressure Point: Defining legitimate contexts for implied threats.
24. Civil Asset Forfeiture
Mechanism: Threat of property seizure without conviction.
Verdict: Illegitimate coercion absent due process.
Pressure Point: Due process as essential safeguard.
25. Forced “Rehabilitation” for Dissent
Mechanism: Threat of confinement unless ideological compliance.
Verdict: Illegitimate coercion.
Pressure Point: Highlights dangers of paternalistic domination.
Cross-Cutting Refinements
Threat vs. Offer: Coercion occurs when refusal leaves the target worse off than status quo.
Expanded Harms: Economic, reputational, informational harms count when leveraged.
Credibility & Foreseeability: A threat is credible if foreseeable harm is likely.
Consent Quality: Must be informed, voluntary, and with meaningful alternatives.
Proportionality & Minimality: Justified coercion must be narrow, time-bounded, and minimal.
Monopoly/Essential Services: Heightened legitimacy standards.
Duress & Asymmetry: Consent under duress or extreme imbalance is invalid.
Guardian/Child Carve-Out: Governance is permissible if welfare-bounded and proportionate.
A Decision Test
Is there a conditional proposal that makes non-compliance worse than status quo?
If no → not coercion.
If yes → go to 2.
Is the threatened harm credible or foreseeable?
If no → not coercion.
If yes → go to 3.
Does it meet one of the justification criteria?
Pre-consented?
Defensive?
Compensatory?
If none → illegitimate.
Safeguards (all must apply):
Proportionality
Due process
Time-boundedness
Accountability
If fail → illegitimate. If pass → justified.
Conclusion
The stress test shows the original thesis is broadly sound but needs refinements: threat/offer clarity, expanded harms, foreseeability in credibility, and stricter standards for consent, proportionality, and monopolies. With these additions, the principle remains coherent: Coercion is justified only when it preserves or restores agency, never when it dominates.