David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 27 (6):583 - 597 (2008)
An enduring question in political and legal philosophy concerns whether we have a general moral obligation to follow the law. In this paper, I argue that Philip Soper’s intuitively appealing effort to give new life to the idea of legal obligation by characterising it as a duty of deference is ultimately unpersuasive. Soper claims that people who understand what a legal system is and admit that it is valuable must recognise that they would be morally inconsistent to deny that they owe deference to state norms. However, if the duty of deference stemmed from people’s decision to regard the law as valuable as Soper argues, then people who do not admit the value of the state would have no duty as such to defer to its norms. And, more importantly, people who admit the value of the state would have a duty not to defer to particular norms, namely those norms which violate the values that ground their preference for a state. This critique of Soper operates within his parameters by accepting his claim that moral consistency generates reasons to act. Even on those terms, Soper’s defence of legal obligation as a duty of deference is unpersuasive.
|Keywords||Deference Duty Law Legal obligation Moral consistency Political obligation Self-respect Philip Soper|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Florian Wettstein (2010). For Better or For Worse. Business Ethics Quarterly 20 (2):275-283.
P. J. Markie (2009). Political Obligation and the Particularity Problem. Ratio 22 (3):322-337.
Massimo Renzo (2008). Duties of Samaritanism and Political Obligation. Legal Theory 14 (3):193–217.
William A. Edmundson (1998). Legitimate Authority Without Political Obligation. Law and Philosophy 17 (1):43 - 60.
Massimo Renzo (2011). State Legitimacy and Self-Defence. Law and Philosophy 30 (5):575-601.
John Hardwig (1997). Is There a Duty to Die? Hastings Center Report 27 (2):34-42.
Carl Cranor (1985). Billy Budd and the Duty to Enforce the Law. Philosophy Research Archives 11:245-268.
Ori J. Herstein (2010). Responsibility in Negligence: Why the Duty of Care is Not a Duty “To Try”. Canadian Journal of Law and Jurisprudence 23 (2):403-428.
Inmaculada de Melo-Mart (2008). A Duty to Participate in Research: Does Social Context Matter? American Journal of Bioethics 8 (10):28 – 36.
Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
Added to index2009-01-28
Total downloads69 ( #30,754 of 1,696,619 )
Recent downloads (6 months)7 ( #80,942 of 1,696,619 )
How can I increase my downloads?