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Lying, Cheating, and StealingA Moral Theory of White-Collar Crime$
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Stuart P. Green

Print publication date: 2007

Print ISBN-13: 9780199225804

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225804.001.0001

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Coercion and Exploitation

Coercion and Exploitation

Chapter:
(p.93) 7 Coercion and Exploitation
Source:
Lying, Cheating, and Stealing
Author(s):

STUART P GREEN

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225804.003.0008

There are at least two ways in which the concept of coercion figures in the criminal law. One is as an excusing condition: a defendant who, under the effects of coercion or duress, commits what would otherwise be a criminal act is regarded as blameless for his act, or at least as less blameworthy than he otherwise would have been. The second is as an ‘element’ of an offense: one who unjustifiably uses coercion on another does a blameworthy act, which will, if other conditions are also met, constitute a criminal offense. This chapter focuses on the second sense of coercion: it offers a brief account of what coercion means in the sense that it occurs in crimes such as extortion and blackmail, and says something about how the concept of coercion differs from that of exploitation, and why the latter form of moral wrongfulness is less comfortably subject to criminalization than the former.

Keywords:   coercion, criminal law, extortion, blackmail, exploitation

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