David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 17 (1):43 - 60 (1998)
It is commonly supposed that citizens of a reasonably just state have a prima facie duty to obey its laws. In recent years, however, a number of influential political philosophers have concluded that there is no such duty. But how can the state be a legitimate authority if there is no general duty to obey its laws? This article is an attempt to explain how we can make sense of the idea of legitimate political authority without positing the existence of a general duty to obey the law. The explanation makes use of a distinction between laws of general application, on one hand, and on the other the particularized, directed efforts by state officials to channel and resolve disputes (including those arising from violations of the law). A state's legitimate authority entails a general duty to cooperate in the latter type of effort, rather than upon a dubious general duty to obey the law.
|Keywords||No keywords specified (fix it)|
|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
Anthony R. Reeves (2010). Do Judges Have an Obligation to Enforce the Law?: Moral Responsibility and Judicial-Reasoning. Law and Philosophy 29 (2):159-187.
Stephen P. Garvey (2013). Was Ellen Wronged? Criminal Law and Philosophy 7 (2):185-216.
Kenneth Ehrenberg (2011). Joseph Raz's Theory of Authority. Philosophy Compass 6 (12):884-894.
Dorota Mokrosinska (2013). Communal Ties and Political Obligations. Ratio Juris 26 (2):187-214.
A. M. Viens, Cécile M. Bensimon & Ross E. G. Upshur (2009). Your Liberty or Your Life: Reciprocity in the Use of Restrictive Measures in Contexts of Contagion. [REVIEW] Journal of Bioethical Inquiry 6 (2):207-217.
Similar books and articles
Florian Wettstein (2010). For Better or For Worse. Business Ethics Quarterly 20 (2):275-283.
Chaim Gans (1992). Philosophical Anarchism and Political Disobedience. Cambridge University Press.
William A. Edmundson (2006). The Virtue of Law-Abidance. Philosophers' Imprint 6 (4):1-21.
P. J. Markie (2009). Political Obligation and the Particularity Problem. Ratio 22 (3):322-337.
Fabienne Peter, Political Legitimacy. Stanford Encyclopedia of Philosophy.
William A. Edmundson (2010). Political Authority, Moral Powers and the Intrinsic Value of Obedience. Oxford Journal of Legal Studies 30 (1):179-191.
Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
Christopher Heath Wellman (2005). Is There a Duty to Obey the Law? Cambridge University Press.
Kenneth R. Westphal (1992). Kant on the State, Law, and Obedience to Authority in the Alleged 'Anti-Revolutionary' Writings. Journal of Philosophical Research 17:383-426.
David Lefkowitz (2004). Legitimate Political Authority and the Duty of Those Subject to It: A Critique of Edmundson. Law and Philosophy 23 (4):399 - 435.
Added to index2009-01-28
Total downloads63 ( #25,536 of 1,099,911 )
Recent downloads (6 months)9 ( #27,943 of 1,099,911 )
How can I increase my downloads?