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Author: Christopher Wellman Publisher: Cambridge University Press ISBN: 1316582965 Category : Philosophy Languages : en Pages :
Book Description
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.
Author: Christopher Wellman Publisher: Cambridge University Press ISBN: 1316582965 Category : Philosophy Languages : en Pages :
Book Description
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.
Author: William Atkins Edmundson Publisher: Rowman & Littlefield ISBN: 9780847692552 Category : Law Languages : en Pages : 366
Book Description
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.
Author: George Klosko Publisher: John Wiley & Sons ISBN: 1509521240 Category : Philosophy Languages : en Pages : 140
Book Description
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.
Author: Tom R. Tyler Publisher: Princeton University Press ISBN: 1400828600 Category : Law Languages : en Pages : 307
Book Description
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.
Author: J. Angelo Corlett Publisher: Springer Science & Business Media ISBN: 9781402016950 Category : Philosophy Languages : en Pages : 248
Book Description
This book is the culmination of over 15 years of research on terrorism, secession, and related concepts such as the obligation to obey the law, pacifism, civil disobedience, non-violent direct action, political violence, revolution, and assassination. It is sincerely hoped that the content of this book is construed as an ethical and philosophical attempt to advance human understanding of some of life’s most intractable problems, namely, terrorism and more generally, political violence. This book is proffered as a propadeutic to further study of these issues and is not to be interpreted as the author’s final word on them. For the pursuit of truth and avoidance of error is never wholly complete, but at best a life-long process of continual reflection, analysis and argument. And it will please the author of this book if it brings even a modicum of knowledge to the difficulties it investigates. Some of the chapters of this book have been published or have otherwise experienced the critical assistance of various public academic forums, and I am sincerely grateful to those who have shaped my thinking about terrorism and its related concepts. Among those who have provided critical and helpful insights concerning various sections of the contents of this book are: David Copp, Richard Falk, Joel Feinberg, Richard W. Miller, and Thomas Pogge.
Author: Paul Gowder Publisher: Cambridge University Press ISBN: 131649554X Category : Law Languages : en Pages : 289
Book Description
In The Rule of Law in the Real World, Paul Gowder defends a new conception of the rule of law as the coordinated control of power and demonstrates that the rule of law, thus understood, creates and preserves social equality in a state. In a highly engaging, interdisciplinary text that moves seamlessly from theory to reality, using examples ranging from Ancient Greece through the present, Gowder sheds light on how societies have achieved the rule of law, how they have sustained it in the face of political upheaval, and how it may be measured and developed in the future. The Rule of Law in the Real World is an essential work for scholars, students, policymakers, and anyone else who believes the rule of law is critical to the proper functioning of society.
Author: Abner Greene Publisher: Harvard University Press ISBN: 0674065174 Category : Law Languages : en Pages : 346
Book Description
Do citizens of a nation such as the United States have a moral duty to obey the law? Do officials, when interpreting the Constitution, have an obligation to follow what that text meant when ratified? To follow precedent? To follow what the Supreme Court today says the Constitution means?These are questions of political obligation (for citizens) and interpretive obligation (for anyone interpreting the Constitution, often officials). Abner Greene argues that such obligations do not exist. Although citizens should obey some laws entirely, and other laws in some instances, no one has put forth a successful argument that citizens should obey all laws all the time. Greene's case is not only "against" obligation. It is also "for" an approach he calls "permeable sovereignty": all of our norms are on equal footing with the state's laws. Accordingly, the state should accommodate religious, philosophical, family, or tribal norms whenever possible. Greene shows that questions of interpretive obligation share many qualities with those of political obligation. In rejecting the view that constitutional interpreters must follow either prior or higher sources of constitutional meaning, Greene confronts and turns aside arguments similar to those offered for a moral duty of citizens to obey the law.
Author: Rabbi Harold M. Schulweis Publisher: Turner Publishing Company ISBN: 1580236421 Category : Religion Languages : en Pages : 142
Book Description
A Profound and Stirring Call to Action in Our Troubled World—from One of America's Great Religious Leaders "Conscience may be understood as the hidden inner compass that guides our lives and must be searched for and recovered repeatedly. At no time more than our own is this need to retrieve the shards of broken conscience more urgent." —from the Introduction This clarion call to rethink our moral and political behavior examines the idea of conscience and the role conscience plays in our relationships to government, law, ethics, religion, human nature and God—and to each other. From Abraham to Abu Ghraib, from the dissenting prophets to Darfur, Rabbi Harold Schulweis probes history, the Bible and the works of contemporary thinkers for ideas about both critical disobedience and uncritical obedience. He illuminates the potential for evil and the potential for good that rests within us as individuals and as a society. By questioning religion's capacity—and will—to break from mindless conformity, Rabbi Schulweis challenges us to counter our current suppressive culture of obedience with the culture of moral compassion, and to fulfill religion’s obligation to make room for and carry out courageous moral dissent.
Author: Christopher Wellman
Author: Christopher Wellman
Author: William Atkins Edmundson
Author: George Klosko
Author: Tom R. Tyler
Author: J. Angelo Corlett
Author: Paul Gowder
Author: Abner Greene
Author: Christopher Wellman
Author: Philip Soper
Author: Rabbi Harold M. Schulweis