David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Cambridge University Press (2002)
Do citizens have an obligation to obey the law? This book differs from standard approaches by shifting from the language of obedience (orders) to that of deference (normative judgments). The popular view that law claims authority but does not have it is here reversed on both counts: Law does not claim authority but has it. Though the focus is on political obligation, the author approaches that issue indirectly by first developing a more general account of when deference is due to the view of others. Two standard practices that political theorists often consider in exploring the question of political obligation - fair-play and promise-keeping - can themselves be seen as examples of a duty of deference. In this respect the book defends a more general theory of ethics whose scope extends beyond the question of political obligation to questions of duty in the case of law, promises, fair play and friendship.
|Keywords||Obedience (Law Law and ethics Rule of law|
|Categories||categorize this paper)|
|Buy the book||$7.49 used (93% off) $76.99 new (26% off) $97.85 direct from Amazon (5% off) Amazon page|
|Call number||K258.S67 2002|
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
Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
Avery H. Kolers (2012). Dynamics of Solidarity. Journal of Political Philosophy 20 (4):365-383.
Kenneth Ehrenberg (2011). Critical Reception of Raz's Theory of Authority. Philosophy Compass 6 (11):777-785.
Stephen P. Garvey (2013). Was Ellen Wronged? Criminal Law and Philosophy 7 (2):185-216.
Similar books and articles
Ellen Frankel, Fred Dycus Miller & Jeffrey Paul (eds.) (2000). Natural Law and Modern Moral Philosophy. Cambridge University Press.
William A. Edmundson (2006). The Virtue of Law-Abidance. Philosophers' Imprint 6 (4):1-21.
William A. Edmundson (1998). Legitimate Authority Without Political Obligation. Law and Philosophy 17 (1):43 - 60.
Christopher Heath Wellman (2005). Is There a Duty to Obey the Law? Cambridge University Press.
Judith N. Shklar (1964/1986). Legalism: Law, Morals, and Political Trials. Harvard University Press.
Ruth C. A. Higgins (2004). The Moral Limits of Law: Obedience, Respect, and Legitimacy. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Abner Greene (2012). Against Obligation: The Multiple Sources of Authority in a Liberal Democracy. Harvard University Press.
Christopher Heath Wellman (2005). Philip Soper, The Ethics of Deference: Learning From Law's Morals:The Ethics of Deference: Learning From Law's Morals. Ethics 116 (1):255-259.
Kimberley Brownlee (2008). Legal Obligation as a Duty of Deference. Law and Philosophy 27 (6):583 - 597.
Added to index2009-01-28
Total downloads15 ( #109,774 of 1,102,872 )
Recent downloads (6 months)2 ( #183,068 of 1,102,872 )
How can I increase my downloads?