Res Publica 20 (3):295-313 (2014)

Authors
Candice Delmas
Northeastern University
Abstract
In this paper, I defend the existence of a moral duty to disobey the law and engage in civil disobedience on the basis of one of the grounds of political obligation—the Samaritan duty. Christopher H. Wellman has recently offered a ‘Samaritan account’ of state legitimacy and political obligation, according to which the state is justified in coercing each citizen in order to rescue all from the perilous circumstances of the state of nature; and each of us is bound to obey the law, as the state demands, because we each have a responsibility to help rescue others when this assistance is not unreasonably costly. Though Wellman recognizes that there can be reasons for disobeying the law and resisting injustice in otherwise legitimate states, he overlooks the possibility that at least some of these reasons could be Samaritan in nature, grounded in the duty to rescue people from peril. As I shall argue, the Samaritan duty supports obligations to disobey the law, when the law prohibits Samaritan rescues, and to engage in civil disobedience, when unjust laws and practices contribute to endangering people. The discussion proceeds as follows. After a brief overview of the Samaritan duty, I articulate my case for Samaritan duties to disobey the law, and duties to engage in civil disobedience when unjust laws, institutions, or practices enable what I call ‘persistent Samaritan perils’. I then examine and respond to several objections to my account: first, that the costs of law-breaking are unreasonable, and thus cannot be morally required; second, that individuals’ particular acts of protest and civil disobedience do not appear to make any difference to the rescue, and thus cannot be required; third, that I stretch the Samaritan duty beyond recognition; and fourth, that the Samaritan duty binds us to help people in need or peril anywhere, not particularly at home. I consider in conclusion the advantages and limits of my account of citizens’ Samaritan duties in the face of injustice.
Keywords Samaritan duty  Injustice  Political obligation  Civil disobedience
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DOI 10.1007/s11158-014-9249-7
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References found in this work BETA

Justice for Hedgehogs.Ronald Dworkin - 2011 - Belknap Press of Harvard University Press.
Famine, Affluence, and Morality.Peter Singer - 1972 - Philosophy and Public Affairs 1 (3):229-243.
The Politics of Reality: Essays in Feminist Theory.Marilyn Frye - 1983 - Trumansburg, NY: The Crossing Press.

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Citations of this work BETA

The Ethics of Resisting Immigration Law.Javier Hidalgo - 2019 - Philosophy Compass 14 (12).
Punishment, Fair Play and the Burdens of Citizenship.Piero Moraro - 2019 - Law and Philosophy 38 (3):289-311.
Civil Disobedience.Candice Delmas - 2016 - Philosophy Compass 11 (11):681-691.

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Morality and Political Obligation.Y. V. Satyanarayana - 2008 - Proceedings of the Xxii World Congress of Philosophy 3:103-110.

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