The Moral Limits of Law: Obedience, Respect, and Legitimacy
Oxford University Press (2004)
| Abstract | The Moral Limits of Law analyzes the related debates concerning the moral obligation to obey the law, conscientious citizenship, and state legitimacy. Modern societies are drawn in a tension between the centripetal pull of the local and the centrifugal stress of the global. Boundaries that once appeared permanent are now permeable: transnational legal, economic, and trade institutions increasingly erode the autonomy of states. Nonetheless transnational principles are still typically effected through state law. For law's subjects, this tension brings into focus the interaction of legal and moral obligations and the legitimacy of state authority. This volume incorporates a comprehensive critical analysis of the methodology and substance of the debates in recent legal, political, and moral philosophy, regarding political obligation and the moral obligation to obey the law. The author argues that traditional accounts of political obligation that assume a bounded conception of the polity are no longer tenable. Higgins therefore presents an original theory of the conscientious agent's attitude towards law that accommodates the contemporary social tension between local and global obligations. | |||||||||
| Keywords | Obedience (Law Law Moral and ethical aspects Law and ethics | |||||||||
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| Buy the book | $130.04 new (22% off) $165.00 direct from Amazon Amazon page | |||||||||
| Call number | K258.H54 2004 | |||||||||
| ISBN(s) | 0199265674 | |||||||||
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Andrei Marmor (2001). Positive Law and Objective Values. Clarendon Press.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Christopher Heath Wellman (2005). Is There a Duty to Obey the Law? Cambridge University Press.
Jack L. Goldsmith (2007). The Limits of International Law. Oxford 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.
Neil MacCormick (2008). Practical Reason in Law and Morality. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Philip Soper (2002). The Ethics of Deference: Learning From Law's Morals. Cambridge University Press.
William A. Edmundson (2010). Political Authority, Moral Powers and the Intrinsic Value of Obedience. Oxford Journal of Legal Studies 30 (1):179-191.
Abner Greene (2012). Against Obligation: The Multiple Sources of Authority in a Liberal Democracy. Harvard University Press.
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