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A legitimate one, perhaps? When assessing the viability of a system, certainly its level of coercion can be considered. But you did bring up a point of reference that underlies all state power, which is coerced consent. That's why, if we wish to avoid generalized punsihment, we should avoid engaging in behavior conducive to state power.
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Absolutely correct. Without coercion, you will be unable to punish anyone who does not consent to it--do you really expect murderers and rapists to be of such high moral character that they would not simply refuse consent to avoid punishment?