Surrender of judgment and the consent theory of political authority

Law and Philosophy 16 (2):115 - 143 (1997)
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Abstract

The aim of this paper is to take the first steps toward providing a refurbished consent theory of political authority, one that rests in part on a reconception of the relationship between the surrender of judgment and the authoritativeness of political institutions. On the standard view, whatever grounds political authority implies that one ought to surrender one's judgment to that of one's political institutions. On the refurbished view, it is the surrender of one's judgment – which can plausibly be considered a form of consent – that makes political institutions practically authoritative.

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Mark C. Murphy
Georgetown University

Citations of this work

Natural law, consent, and political obligation.Mark C. Murphy - 2001 - Social Philosophy and Policy 18 (1):70-92.

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References found in this work

Are there any natural rights?H. L. A. Hart - 1955 - Philosophical Review 64 (2):175-191.
Legal obligation and the duty of fair play.John Rawls - 1964 - In Sidney Hook (ed.), Law and Philosophy. New York University Press.
Of the original contract".David Hume - 2007 - In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late Modern Philosophy: Essential Readings with Commentary. Blackwell.

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