Is Democracy Sufficient for Political Obligation?

Canadian Journal of Law and Jurisprudence 28 (2):425-442 (2015)
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Abstract

This paper examines the apparently widespread belief that the democratic pedigree of a state implies a moral obligation to obey its laws. The analysis focuses on the work of Ronald Dworkin, who is, perhaps surprisingly, alone among theorists of democracy in claiming that those whom the law addresses are morally bound to obey it whenever it is democratic. From Dworkin’s expansive conception of democracy, political obligation follows. But democracy should not be construed so widely. Rather, it ought to be conceived more narrowly, such that, as other theorists concede, it cannot be more than part of a case for a moral obligation to obey the law. Hence, belief in the sufficiency of democracy for political obligation, notwithstanding its ostensible popularity, has yet to be justified.

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Kevin Walton
University of Sydney

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The Morality of Freedom.Joseph Raz - 1986 - Philosophy 63 (243):119-122.
Isaiah Berlin: An Interpretation of His Thought.John Gray - 2013 - Princeton: Princeton University Press.

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