The Obligation to Obey in Legal Theory

The Obligation to Obey in Legal Theory PDF

Author: H. McCoubrey

Publisher: Dartmouth Publishing Company

Published: 1997

Total Pages: 246

ISBN-13:

DOWNLOAD EBOOK →

This work on the obligatory character of law argues that much of the apparent inconsistency in this area derives from a misconception of conventional linguistic usage. Legal obligation is seen as involving multiple linguistic usages, including at least three different types of obligation.

Is There a Duty to Obey the Law?

Is There a Duty to Obey the Law? PDF

Author: Christopher Wellman

Publisher: Cambridge University Press

Published: 2005-07-25

Total Pages: 216

ISBN-13: 1316582965

DOWNLOAD EBOOK →

The central question in political philosophy is whether political states have the right to coerce their constituents and whether citizens have a moral duty to obey the commands of their state. In this 2005 book, Christopher Heath Wellman and A. John Simmons defend opposing answers to this question. Wellman bases his argument on samaritan obligations to perform easy rescues, arguing that each of us has a moral duty to obey the law as his or her fair share of the communal samaritan chore of rescuing our compatriots from the perils of the state of nature. Simmons counters that this, and all other attempts to explain our duty to obey the law, fail. He defends a position of philosophical anarchism, the view that no existing state is legitimate and that there is no strong moral presumption in favor of obedience to, or compliance with, any existing state.

The Duty to Obey the Law

The Duty to Obey the Law PDF

Author: William Atkins Edmundson

Publisher: Rowman & Littlefield

Published: 1999

Total Pages: 366

ISBN-13: 9780847692552

DOWNLOAD EBOOK →

The question, 'Why should I obey the law?' introduces a contemporary puzzle that is as old as philosophy itself. The puzzle is especially troublesome if we think of cases in which breaking the law is not otherwise wrongful, and in which the chances of getting caught are negligible. Philosophers from Socrates to H.L.A. Hart have struggled to give reasoned support to the idea that we do have a general moral duty to obey the law but, more recently, the greater number of learned voices has expressed doubt that there is any such duty, at least as traditionally conceived. The thought that there is no such duty poses a challenge to our ordinary understanding of political authority and its legitimacy. In what sense can political officials have a right to rule us if there is no duty to obey the laws they lay down? Some thinkers, concluding that a general duty to obey the law cannot be defended, have gone so far as to embrace philosophical anarchism, the view that the state is necessarily illegitimate. Others argue that the duty to obey the law can be grounded on the idea of consent, or on fairness, or on other ideas, such as community.

Why Should We Obey the Law?

Why Should We Obey the Law? PDF

Author: George Klosko

Publisher: John Wiley & Sons

Published: 2018-12-06

Total Pages: 140

ISBN-13: 1509521240

DOWNLOAD EBOOK →

Whether we should obey the law is a question that affects everyone’s day-to-day life, from traffic laws to taxes. Most people obey out of habit, but the question remains: why are we morally required to do so? If we fail to obey, the state may enforce compliance, but is it right for it to do this, and if so, why? In this book, George Klosko, a renowned authority on political obligation, skillfully probes these questions. He considers various prominent theories of obligation and shows why they are unconvincing, contending that only an approach that interweaves multiple principles, rooted in "fair play," is fully persuasive. Klosko develops the fullest statement of his own well-known theory of political obligation while providing a clear overview of the subject. The result is both an essential introductory text for students of political theory and philosophy and a cutting-edge, original contribution to the debate.

Why People Obey the Law

Why People Obey the Law PDF

Author: Tom R. Tyler

Publisher: Princeton University Press

Published: 2021-06-08

Total Pages: 307

ISBN-13: 1400828600

DOWNLOAD EBOOK →

People obey the law if they believe it's legitimate, not because they fear punishment--this is the startling conclusion of Tom Tyler's classic study. Tyler suggests that lawmakers and law enforcers would do much better to make legal systems worthy of respect than to try to instill fear of punishment. He finds that people obey law primarily because they believe in respecting legitimate authority. In his fascinating new afterword, Tyler brings his book up to date by reporting on new research into the relative importance of legal legitimacy and deterrence, and reflects on changes in his own thinking since his book was first published.

Is There a Duty to Obey the Law?

Is There a Duty to Obey the Law? PDF

Author: Christopher Wellman

Publisher: Cambridge University Press

Published: 2005-07-25

Total Pages: 218

ISBN-13: 9780521830973

DOWNLOAD EBOOK →

This 2005 book discusses whether there is a duty to obey the law and the state.

The Force of Law

The Force of Law PDF

Author: Frederick Schauer

Publisher: Harvard University Press

Published: 2015-02-10

Total Pages: 256

ISBN-13: 0674368215

DOWNLOAD EBOOK →

Bentham's law -- The possibility and probability of noncoercive law -- In search of the puzzled man -- Do people obey the law? -- Are officials above the law? -- Coercing obedience -- Of carrots and sticks -- Coercion's arsenal -- Awash in a sea of norms -- The differentiation of law

Philosophy and International Law

Philosophy and International Law PDF

Author: David Lefkowitz

Publisher: Cambridge University Press

Published: 2020-10-29

Total Pages: 289

ISBN-13: 1107138779

DOWNLOAD EBOOK →

Offers an accessible discussion of conceptual and moral questions on international law and advances the debate on many of these topics.

A Theory of Legal Obligation

A Theory of Legal Obligation PDF

Author: Stefano Bertea

Publisher: Cambridge University Press

Published: 2019-10-03

Total Pages: 379

ISBN-13: 1108475108

DOWNLOAD EBOOK →

Bertea puts forward a comprehensive and original theory of legal obligation, understood as a distinctive legal concept.