Is There a Duty to Obey the Law?

Is There a Duty to Obey the Law?

Author: Christopher Wellman

Publisher: Cambridge University Press

Published: 2005-07-25

Total Pages: 216

ISBN-13: 1316582965

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The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.


The Duty to Obey the Law

The Duty to Obey the Law

Author: William Atkins Edmundson

Publisher: Rowman & Littlefield

Published: 1999

Total Pages: 366

ISBN-13: 9780847692552

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The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.


Why Should We Obey the Law?

Why Should We Obey the Law?

Author: George Klosko

Publisher: John Wiley & Sons

Published: 2018-12-06

Total Pages: 140

ISBN-13: 1509521240

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Whether we should obey the law is a question that affects everyone’s day-to-day life, from traffic laws to taxes. Most people obey out of habit, but the question remains: why are we morally required to do so? If we fail to obey, the state may enforce compliance, but is it right for it to do this, and if so, why? In this book, George Klosko, a renowned authority on political obligation, skillfully probes these questions. He considers various prominent theories of obligation and shows why they are unconvincing, contending that only an approach that interweaves multiple principles, rooted in "fair play," is fully persuasive. Klosko develops the fullest statement of his own well-known theory of political obligation while providing a clear overview of the subject. The result is both an essential introductory text for students of political theory and philosophy and a cutting-edge, original contribution to the debate.


Terrorism

Terrorism

Author: J. Angelo Corlett

Publisher: Springer Science & Business Media

Published: 2012-12-06

Total Pages: 252

ISBN-13: 9401000395

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This is a unique book on terrorism that openly, rationally and passionately delves into what underlies terrorism, what in some cases justifies it on ethical grounds, and how terrorism might be dealt with successfully. Rather than assuming from the start a particular point of view about terrorism, this book uniquely engages the reader in a series of critical discussions that unveil the ethical problems underlying terrorism. A must-read for everyone interested in understanding the depths of terrorism.


Philosophical Anarchism and Political Disobedience

Philosophical Anarchism and Political Disobedience

Author: Chaim Gans

Publisher: Cambridge University Press

Published: 1992-06-18

Total Pages: 194

ISBN-13: 0521414504

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This book examines the central questions concerning the duty to obey the law: the meaning of this duty; whether and where it should be acknowledged; and whether and when it should be disregarded. Many contemporary philosophers deny the very existence of this duty, but take a cautious stance towards political disobedience. This 'toothless anarchism', Professor Gans argues, should be discarded in favour of a converse position confirming the existence of a duty to obey the law which can be outweighed by values and principles of political morality. Informed by the Israeli experience of political disobedience motivated by radically differing moral outlooks, the author sets out the principles which should guide our attitude to law and political authority even amidst clashing ideologies and irreconcilable moralities. This book will be of interest to students and scholars of law, philosophy and politics, and anyone concerned with the individual's responsibilities toward his or her political community.


Why People Obey the Law

Why People Obey the Law

Author: Tom R. Tyler

Publisher: Princeton University Press

Published: 2021-06-08

Total Pages: 307

ISBN-13: 1400828600

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People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.


The Problem of Political Authority

The Problem of Political Authority

Author: Michael Huemer

Publisher: Springer

Published: 2012-10-29

Total Pages: 391

ISBN-13: 1137281669

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The state is often ascribed a special sort of authority, one that obliges citizens to obey its commands and entitles the state to enforce those commands through threats of violence. This book argues that this notion is a moral illusion: no one has ever possessed that sort of authority.


The Force of Law

The Force of Law

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2015-02-10

Total Pages: 256

ISBN-13: 0674368215

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Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law


Moral Principles and Political Obligations

Moral Principles and Political Obligations

Author: A. John Simmons

Publisher: Princeton University Press

Published: 2020-05-05

Total Pages: 252

ISBN-13: 0691213240

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Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons (if any), he asks, are we morally bound to obey the law and support the political institutions of our countries?


The Cambridge Rawls Lexicon

The Cambridge Rawls Lexicon

Author: Jon Mandle

Publisher: Cambridge University Press

Published: 2014-12-11

Total Pages: 1112

ISBN-13: 1316193985

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John Rawls is widely regarded as one of the most influential philosophers of the twentieth century, and his work has permanently shaped the nature and terms of moral and political philosophy, deploying a robust and specialized vocabulary that reaches beyond philosophy to political science, economics, sociology, and law. This volume is a complete and accessible guide to Rawls' vocabulary, with over 200 alphabetical encyclopaedic entries written by the world's leading Rawls scholars. From 'basic structure' to 'burdened society', from 'Sidgwick' to 'strains of commitment', and from 'Nash point' to 'natural duties', the volume covers the entirety of Rawls' central ideas and terminology, with illuminating detail and careful cross-referencing. It will be an essential resource for students and scholars of Rawls, as well as for other readers in political philosophy, ethics, political science, sociology, international relations and law.