Hart is contradicted by the positivist Raz who accepts necessary links. I think the obligation comes more in the form of accepting the consequences of the law rather than blindly following it. In this, “Political Obligation Cannot be grounded in Benefits since Most Citizens Never Ask to Receive Such Benefits” – Discuss Or do we have ‘nat… b) Even if moral obligations did exist, individuals have no obligation to laws forcibly imposed by the state. When, if ever, do citizens have an obligation to obey the law? For example, Andrew Loh points out that sometimes, it appears that not all are equal before the law: One might argue that an inconsistent application of the law undermines the law’s authority, which correspondingly undermines any unqualified moral duty to obey it. unconditional, moral obligation to obey the law. Concerning, “Even if law and morals are closely bound in most systems there are always possibilities they maybe separated.” The remarkable positivist Hart, believes law does not need morality to be law in his so called ‘separation thesis.’ Maintaining law as it is not how it ought to be, positivists are not refusing a relationship. The question is: does a citizen have a moral duty to obey the law and if so, why? As a leader of this discussion, Rawls proposes that moral obligation to obey the law is upheld if the system of law is grounded in the principle of fair play. ...Political Obligation First published Tue Apr 17, 2007; substantive revision Fri Apr 30, 2010 To have a political obligation is to have a moral duty to obey the laws of one's country or state. Customary law that develops within incentive structures that promote oppression will tend to be oppressive. But a legalistic view that has proponents is the one that states that there is aprima facie legal obligation to obey the law because the law is the law and it ought to be obeyed except in circumstances where the law permits disobedience. Similarly, if our family requires us to provide for them, then you have an obligation to comply with the law because we need to stay out of prison and to provide for our families. The instrumentalist con- For example, I might have a legal obligation to pay tax in a deeply corrupt state, but not necessarily a moral obligation to do so. Definitions aside, this leaves us with the question of whether or not we do, after all, have an obligation to obey the law. The CanadianCriminal Code imposes an obligation not to advocate genocide thus:“Every one who advocates or promotes genocide is guilty of anindictable offence and liable to imprisonment for a term not exceedingfive years.” The English Sale of Goods Act says that,“Where th… These are clear cases where we … tion to obey. Such hot debates never end as he is battled with numerous naturalists including Fuller and Finnis who believe, ideology Walzer says that there is no 'conventional wisdom' on the subject. Speaking of my own life here in the US, it's a bit different. 0000048135 00000 n • Rather: “Is the moral relation of any government to its citizens such that they have a prima facie obligation to do certain things merely because they are legally required to do so?” (p. 952) Hart's main criticism of predictive theory is that it defines the internal aspect of obligation out of existence. Smith questions the existence of a “prima facie obligation to obey the law” which is the case if “a person A [has] to do an act X if, and only if, there is a moral reason for S to do X which is such that, unless he has moral reason not to do X at least as strong as his reason to do X, S’s failure to do X is wrong”. 0000006001 00000 n First of all, it can be argued that the actions above do not mean giving consent, for two reasons. 0000001786 00000 n Classical and Post-Classical Hollywood Cinema. Is There a Moral Obligation to Obey the Law Classical natural theory asserted that the validity of a rule necessarily depends on whether it conforms to moral standards because those who do “bind in conscience”. If it’s ok to refuse to convict for smoking pot because you disagree with drug laws, then it’s ok for a socialist to refuse to convict a thief because the victim was “rich and can afford it”. ]*-�����}�C6�ĝ��rO'��P�?NU4 hI3�)��_ �z �2r��Օ�V�s�h �5j�+ͥG/�('&����'�k?>o������\7�t���^�o�N��(-�����ⶊ��3@�M��t���L�>X���u��7�-��n� Fy�� endstream endobj 400 0 obj <> stream The political obligation to obey the law is an essential feature of many modern-day states. In essence, both believe that citizens have to obey the law, even when it is unjust, that is to say, when citizens disagree with it, in a … These, however, do not constitute an obligation to obey the law and should not be confused. ���(=�9��'�I�e��}�/f[39����Y 3�~��Rb�������v\̝�A��ֆ��4�'T'�R���}�uq�/4Z�! So, if there are laws that people feel are unjust, the most powerful and responsible way to fulfill any moral obligation you may feel towards these laws is to VOTE. Philosophers ascribe properties such as “content-independence” and “particularity” to it. Having an obligation to obey the law requires that you have an obligation to obey the law because it's the law. Those theorists who find there is no general moral obligation to obey the law do not argue we should never obey the law, nor that there is never any moral reason to do as the law tells us. However, the law has no effects without our obedience, which is based essentially on the authority (the capacity of the law to make us respect it) but also on our culture or our education. United States to do this. 0000043936 00000 n Under this theory, political authority’s justification is based on a contract under which people agreed to give up some of their natural freedoms in return for the safety and security of a civilized society governed by law. In either case, it is a legal duty to obey political authority that we have. A state expects its citizens to obey law so that it can function in a proper manner. 'j���M��1��^���AA���s5 b����a��p�i����kؖ�ر�=Iy'@,hcb�q�� œ6��MІ) The term“obligation” need not be used, nor its near-synonym,“duty.” One rarely finds the imperative mood. Legal duty: The obligations people have put upon them by the law. Sovereignty) Eric A. Posner. 0000001677 00000 n Conversely, one has a moral responsibility to disobey unjust laws." In the writings of Honoré, Raz, Smith, Finnis and Bix there are many arguments for and against a general moral obligation to obey. 0000039051 00000 n Leaned on the moral and the collective consent (Rule of Law), it organizes the organization of the state’s government and the relations between people. 0000001937 00000 n To have a political obligation is to have a moral duty to obey the laws and support the institutions of one’s political community. %PDF-1.6 %���� 382 0 obj << /Linearized 1.0 /L 1313969 /H [ 48682 785 ] /O 386 /E 49467 /N 21 /T 1306284 /P 0 >> endobj xref 382 25 0000000015 00000 n Consider the parallel with a promise : I am under a moral obligation to return a borrowed book but that obligation can be overriden by the more important moral obligation to help a dying person. The answer lies in the fact that there are two types of laws: just and unjust. People who disagreed with the governments' policies started arguing that sometimes, a citizen is justified in acting illegally. Gottfried Leibniz, in, Paper Topic 1 The discussion of moral obligation to obey the law, however, raises difficult questions met by various arguments. Beyond this is the idea that law is, by nature, a moral endeavour and even where it is failing to accomplish its aims non-compliance with immoral laws undermines the authority of the legal system, promoting undesirable anarchy and is thus immoral. The law, defined as the ensemble of the norms and principles established in a community, is indispensable to the preservation of the state. Some legal philosophers argue that there a general moral obligation to obey the law- that the fact that a law demands certain behaviour should be morally important to … This, some commentators have argued, is lacking in some respects. This violation of international law sparked protests from all quarters. So if our income taxes are used to support vital services, then we have a moral obligation to pay our income tax. The theory of political obligation is to have a moral responsibility to obey the laws of the state (Richard and Daivid, 2007). Individuals are born into societies with a complicated set of laws already in place. Many political philosophers also think the same that there is a prima facie obligation to obey law However, all laws are not just. The question is: does a citizen have a moral duty to obey the law and if so, why? My argument in this essay is that individuals can have a duty to obey the law when their community is governed by a system of customary law that evolves free from pre-existing state or other oppressive power structures. Martin Luther King's words, which just correspond with the above assertion, perfectly tell us what to do in face of laws, either just or unjust. June 23, 2019 0 Comment admin However, without an underlying idea of consent in a democratic society, it is arguable that a state of anarchy, in which no laws or rights over property or person could be legitimised, except perhaps through force and oppression could be evident. In fact, I think political obligations are a broader category of duties than strictly legal obligations. 0000005472 00000 n Law plays a normative role in such a theory. 0000003776 00000 n Rawls’s principle of fair play is essentially a just and united social, There is no absolute definition of law to describe what the law actually is. Moral responsibility: The personal obligations people feel based on their beliefs about what is right and wrong. I will propose my question “do citizens have a moral obligation to obey the law” and will map out a brief description of the direction I will be heading. Without laws, a society would quickly crumble into disorder and chaos, unless, all cost. In simple terms, an obligation can be seen as a sort of binding reason, Samuel Pufendorf argues that morality is the product of God 's will primarily, and human will secondly, and is directed at the peaceful organization of humanity. As H. L. A. Hart argues, the distinctive thrust of political obligations can be seen in the contrast between being obliged to do p and having an obligation to do it (Hart 1961: 80–88). provided, of course, that they consider their state to be just. This naïve legalistic notion of the duty to obey the law has few, if any, takers. Moral reasons, for Hobbes, are laws that are imperative for us to all obey. 0000002946 00000 n That, I feel, is the most important moral obligation we have in a democratic society. But if states have moral obligations, there is a further question whether citizens and leaders inherit the state's moral obligations (all or some of them). 0000002381 00000 n 2 (1930). Unless citizens have moral requirements to obey the law, they may be forced to do so, but in compelling obedience, the state is acting unjustly and impinging on their freedom. I will address that "One has not only a legal but a moral responsibility to obey just laws. Underlying my own obedience to my country's laws are a number of reasons - an understanding of my obligation to take responsibility for my own actions, a recognition of my government's authority over me, a belief that the laws of my country are well-founded, and a fear of the consequences of disobeying said laws. 0000003231 00000 n ��+sh�AKN�i�Ȯ����yVÖ_��Ѩ�����yR3�,�P���Vq!�C$�Ӥ6�~\n��`i�L>�Al�@N���{�ya*��Nr��j�,�ȭh]��YV6:#Fs��$�T� �-��(����d=�@���q�gtB6 P[��]F-�[��Q���[�0O��W�����M�o Z��{hf=e��-�)|�Bnb+ ƍq`�e�S�,��︴�䤉�C�/��\�I�1��*��F6�3�ɖ�!Y�ml�ʥ�l&�3@x� 9͐�gSDQw'��S!�9�Y9i���8z�K;�]*���YI3ɷ��e��1�ȣ.�)�EZfw�qy�8��oQ{tH{��m�ާ���v03���vP��K���gcQ�4_��e�q����z���#v��dݬW=5��i�O���-�6Ae��΍����.�ђ/��L�:cP��� $�">yN�,���KX6�]������c����)$x�:�!�ɱ;�H�)��/[#�I{�7�� A state expects its citizens to obey law so that it can function in a proper manner. I don't think I have any moral obligation to obey the laws imposed on me and break minor laws constantly. 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