Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 1 of 1
Full-Text Articles in Disaster Law
Collective Coercion, Benjamin Means, Susan S. Kuo
Collective Coercion, Benjamin Means, Susan S. Kuo
Faculty Publications
When a collective-choice situation places coercive pressure on individual participants, the law’s traditional protection of individual autonomy against coercion must be reconciled with its necessary role in resolving problems of collective action. On the one hand, the law might seek to remove coercion from the equation so that individuals are free to make their own decisions. On the other hand, the law might empower a central authority to decide, thereby solving a problem of collective action in order to maximize the group’s shared interests.
The tension between these two approaches creates deep uncertainty for the regulation of collective-choice situations. It …