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Edited Legal Collections Data |
Book Title: Democracy, Freedom and Coercion
Editor(s): Marciano, Alain; Josselin, Jean-Michel
Publisher: Edward Elgar Publishing
ISBN (hard cover): 9781847201263
Section Title: Introduction
Number of pages: 12
Extract:
Introduction
Jean-Michel Josselin and Alain Marciano
The purpose of this book is to analyse the balance that exists in a democracy
between freedom and coercion, and how and how far a democratic regime can
cope with coercion. The question can be viewed from the perspective of a com-
parison between alternative institutional devices or from the perspective of
one regime only. This is the angle adopted in this book: to analyse the extent
to which democracy can legitimize violence in order to enhance liberties. We
concentrate here on democracies and investigate the institutional and legal
conditions under which coercion or violence are admitted, permitted and thus
have to be organized in order to preserve as much freedom as possible. The
problem is analysed from the perspective of constitutional law and econom-
ics, of constitutional political economy, and more broadly, of public choice.
One crucial element of the problem and the point of departure of our
reasoning lies in the conflict between the capacity to protect individual
freedom while organizing the necessary coercion associated with any form
of government, either autocratic or democratic. Whether violence is
normal or abnormal, it seems that any kind of political regime, even demo-
cratic societies, although designed to protect individual freedom, nonethe-
less implies coercion and a certain amount of violence. In other words, the
essence of a democratic power is the protection of freedom through coer-
cion. There is no such thing as a free lunch and costs always have to be taken
...
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URL: http://www.austlii.edu.au/au/journals/ELECD/2007/216.html