Legal Definitions - moral coercion

Moral coercion refers to a situation where one person uses psychological pressure, manipulation, or exploitation of a position of trust or vulnerability to influence another person's decisions, causing them to act against their own free will or better judgment. It is a form of undue influence, where the influencer's will essentially replaces the will of the person being influenced, without the use of physical force or direct threats.

Here are some examples illustrating moral coercion:

• Example 1: Caregiver and an Elderly Individual

  An elderly person, recently widowed and suffering from mild cognitive decline, becomes heavily dependent on their live-in caregiver for daily needs and companionship. Over several months, the caregiver subtly convinces the elderly person to revise their will, disinheriting their children and leaving a significant portion of their estate to the caregiver. The caregiver achieves this by constantly emphasizing their own loyalty and the supposed neglect by the children, creating a sense of guilt and obligation in the vulnerable individual.

  How this illustrates moral coercion: The caregiver exploits the elderly person's emotional vulnerability, dependence, and cognitive state. By isolating them and manipulating their feelings, the caregiver exerts psychological pressure that overrides the elderly person's natural inclination to provide for their children, effectively coercing them into making a decision that primarily benefits the caregiver.

• Example 2: Spiritual Leader and a Devoted Follower

  A charismatic spiritual leader persuades a long-time, deeply devoted follower to donate all of their substantial retirement savings to the leader's personal business venture, claiming it is a "divine investment" that will ensure the follower's spiritual salvation and prosperity. The leader uses their position of authority and the follower's profound faith to instill a belief that refusing would lead to spiritual misfortune or a loss of favor.

  How this illustrates moral coercion: The spiritual leader leverages their immense influence and the follower's trust and deeply held beliefs. The pressure is not physical but spiritual and psychological, making the follower feel morally compelled to comply, even if it goes against their financial security or rational judgment, because they fear negative spiritual consequences.

• Example 3: Abusive Partner in a Relationship

  In a relationship where one partner is emotionally and financially dependent on the other, the dominant partner pressures the dependent partner to sign over their share of jointly owned property. The dominant partner achieves this by constantly threatening emotional abandonment, withholding affection, and creating an atmosphere of fear and guilt, making the dependent partner believe that signing the document is the only way to maintain the relationship and avoid further emotional distress.

  How this illustrates moral coercion: The dominant partner exploits the dependent partner's emotional vulnerability and fear of abandonment. By creating a coercive emotional environment, they exert psychological pressure that undermines the dependent partner's ability to make a free and independent decision regarding their property rights.