Political And Legal Obligation

Author : J. Roland Pennock
Publisher : Routledge
Page : 474 pages
File Size : 50,8 Mb
Release : 2017-07-12
Category : Political Science
ISBN : 9781351499231

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Political and Legal Obligation by J. Roland Pennock Pdf

At a point in history marked by dramatic challenges to the existing political and social order, the question of legal and political obligation emerges as a focal point of international concern. Amid the clamor for radical change in the established order, theories of political obligation demand renewed examination. In this volume, eighteen leading specialists in the legal, philosophical, and political science aspects of the question offer their views on this timely topic. Part I examines the nature of moral, legal, and political obligation. The first essay presents a set of definitions that denies the very existence of obligation. While the second essay disagreeing particularly with respect to the relationship of political to moral tenets, and the third discussing the highly complex interplay between law and morality. The following essay approaches obligation as existing in the context of an established political and legal system and stresses the importance of evaluating the negative consequences of challenges to the law as well as those arising from the absence of challenges. The next paper maintains that political obligation is so complex that its very existence depends upon rational deliberation in particular contexts. The fifth, explores four significant theories but accepts only the one based on the broadest definition of obligation. While the final essay in this part considers political obligation a unique and generalized moral obligation. Part II takes up the conditions of obligation and of obedience. The first essay in this part discusses the conditions necessary to generate a "felt obligation." The second paper, concentrates on exposing key obstacles to empirical proof that behavior is or is not motivated by "felt obligation." While the third draws upon a large body of literature and court decisions dealing with compliance to the law. The forth essay is a case study of Rome probes the role of obligation during that city's seven cent

Author : Paul Harris
Publisher : Routledge
Page : 278 pages
File Size : 46,5 Mb
Release : 2019-11-19
Category : Literary Criticism
ISBN : 9781000706420

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On Political Obligation by Paul Harris Pdf

First published in 1990. The individual’s obligation to obey the law, the state and the government is a fundamental part of contemporary political theory. The contributors to this volume, drawn from a variety of disciplines including philosophy, political science and law, take a fresh look at the dilemmas of political obligation. They discuss the extent to which we should allow the need for conformity to override individual liberties, and ask whether individualism is indeed feasible without a highly developed sense of the ‘public interest’ or the ‘common good‘. The contrast between individualism and communitarianism is examined throughout the book. The contributors also look at the various means through which the state can coerce or persuade the individual to be obedient. The emphasis throughout this collection is on the substantive problems themselves, rather than on the way these issues have been addressed in the history of political thought. The book offers a number of different perspectives on political obligation, and will be valuable to students of moral, political, social and legal philosophy.

Author : Thomas McPherson
Publisher : Unknown
Page : 104 pages
File Size : 43,7 Mb
Release : 1968
Category : Authority
ISBN : STANFORD:36105041248381

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Political Obligation by Thomas McPherson Pdf

Author : Richard E. Flathman
Publisher : Routledge
Page : 395 pages
File Size : 43,6 Mb
Release : 2019-11-19
Category : Political Science
ISBN : 9781000706840

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Political Obligation by Richard E. Flathman Pdf

"Under what conditions are obedience and disobedience required or justified? To what or whom is obedience or disobedience owed? What are the differences between authority and power and between legitimate and illegitimate government? What is the relationship between having an obligation and having freedom to act? What are the similarities and differences among political, legal, and moral obligations?..." Originally published in 1972, Professor Flathman discusses these crucial issues in political theory in a lucid and stimulating argument. Though mainly concerned to develop his own modified utilitarian standing point he also reviews both the classical and modern literature from Plato and Hobbes to Hare and Rawls. The treatment is philosophical but it is frequently related to practical issues of civil obedience and disobedience and in particular focuses on the relation between law, obligation and social change.

Author : A. John Simmons
Publisher : Princeton University Press
Page : 256 pages
File Size : 48,8 Mb
Release : 1981-09-21
Category : Philosophy
ISBN : 0691020191

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Moral Principles and Political Obligations by A. John Simmons Pdf

Outlining the major competing theories in the history of political and moral philosophy--from Locke and Hume through Hart, Rawls, and Nozick--John Simmons attempts to understand and solve the ancient problem of political obligation. Under what conditions and for what reasons (if any), he asks, are we morally bound to obey the law and support the political institutions of our countries?

Author : George Klosko
Publisher : Rowman & Littlefield Publishers
Page : 233 pages
File Size : 52,6 Mb
Release : 2004-01-26
Category : Philosophy
ISBN : 9781461645320

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The Principle of Fairness and Political Obligation by George Klosko Pdf

In The Principle of Fairness and Political Obligation, George Klosko presents the first book-length treatment of political obligation grounded in the premises of liberal political theory. In this now-classic work, he clearly and systematically formulates what others thought impossible-a principle of fairness that specifies a set of conditions which grounds existing political obligations and bridges the gap between the abstract accounts of political principles and the actual beliefs of political actors. Brought up-to-date with a new introduction, this new edition will be of great interest to all interested in political thought.

Author : Margaret Gilbert,Melden Chair in Moral Philosophy and Professor of Philosophy Margaret Gilbert
Publisher : Oxford University Press on Demand
Page : 343 pages
File Size : 51,8 Mb
Release : 2006-05-11
Category : Law
ISBN : 9780199274956

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A Theory of Political Obligation by Margaret Gilbert,Melden Chair in Moral Philosophy and Professor of Philosophy Margaret Gilbert Pdf

Margaret Gilbert offers an incisive new approach to a classic problem of political philosophy: when and why should I do what the laws of my country tell me to do? Beginning with carefully argued accounts of social groups in general and political societies in particular, the author argues that in central, standard senses of the relevant terms membership in a political society in and of itself obligates one to support that society's political institutions. The obligations in questionare not moral requirements derived from general moral principles, as is often supposed, but a matter of one's participation in a special kind of commitment: joint commitment. An agreement is sufficient but not necessary to generate such a commitment. Gilbert uses the phrase 'plural subject' to referto all of those who are jointly committed in some way. She therefore labels the theory offered in this book the plural subject theory of political obligation.The author concentrates on the exposition of this theory, carefully explaining how and in what sense joint commitments obligate. She also explores a classic theory of political obligation --- actual contract theory --- according to which one is obligated to conform to the laws of one's country because one agreed to do so. She offers a new interpretation of this theory in light of a theory of plural subject theory of agreements. She argues that actual contract theory has more merit than has beenthought, though the more general plural subject theory is to be preferred. She compares and contrasts plural subject theory with identification theory, relationship theory, and the theory of fair play. She brings it to bear on some classic situations of crisis, and, in the concluding chapter,suggests a number of avenues for related empirical and moral inquiry.Clearly and compellingly written, A Theory of Political Obligation will be essential reading for political philosophers and theorists.

Author : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 55,8 Mb
Release : 2018-06-27
Category : Law
ISBN : 9781351403696

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Law, Obligation, Community by Daniel Matthews,Scott Veitch Pdf

Against an ever-expanding and diversifying ‘rights talk’, this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply ‘bound beings’, to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Author : Scott Veitch
Publisher : Routledge
Page : 167 pages
File Size : 46,9 Mb
Release : 2021-02-23
Category : Law
ISBN : 9781000344851

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Obligations by Scott Veitch Pdf

Obligations: New Trajectories in Law provides a critical analysis of the role of obligations in contemporary legal and social practices. As rights have become the preeminent feature of modern political and legal discourse, the work of obligations has been overshadowed. Questioning and correcting this dominant image of our time, this book brings obligations back into view in a way that fits better with the realities of contemporary social life. Following a historical account of the changing place and priorities of obligations in modernity, the book analyses how obligations and practices of obedience are core to understanding how law sustains conditions of inequality. But it also explores the enduring role obligations play in furthering individual and collective well-being, highlighting their significance in practices that prioritize human and environmental needs, common goods, and solidarity. In doing so, it also offers an alternative and cogent assessment of the force, and the potential, of obligations in contemporary societies. This original jurisprudential contribution will appeal to an academic and student readership in law, politics, and the social sciences.

Author : Stefano Bertea
Publisher : Routledge
Page : 280 pages
File Size : 49,6 Mb
Release : 2020-07-27
Category : Law
ISBN : 9781000094213

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Contemporary Perspectives on Legal Obligation by Stefano Bertea Pdf

Bringing together world-class scholars who have devoted themselves to the study of legal obligation, this book addresses key dimensions of the current debate: providing novel insights and perspectives, as well as critically discussing the leading theories of legal obligation. The notion of legal obligation is widely regarded as fundamental by both legal practitioners and legal theorists. For the language that explicitly refers to obligation is pervasive insofar as paradigmatic legal materials make reference to obligation either directly, by specifying what a subject is obligated to do, or indirectly, by attributing rights, privileges, powers, permissions, and other normative statuses to both single individuals and groups. There is, then, broad agreement that obligation constitutes a central element in legal studies. At the same time, however, there is considerable disagreement among contemporary legal theorists about how legal obligation can or should be elucidated. This book accounts for both the significance of obligation in law and the variety of views of legal obligation championed in legal philosophy today. With contributions from renowned theorists, this book will be invaluable for scholars and students of legal theory, legal philosophy, and jurisprudence.

Author : George Klosko
Publisher : John Wiley & Sons
Page : 140 pages
File Size : 46,5 Mb
Release : 2018-12-06
Category : Philosophy
ISBN : 9781509521241

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Why Should We Obey the Law? by George Klosko Pdf

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.

Author : Thomas Hill Green
Publisher : The Lawbook Exchange, Ltd.
Page : 276 pages
File Size : 41,7 Mb
Release : 2005
Category : Liberty
ISBN : 9781584776147

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Lectures on the Principles of Political Obligation by Thomas Hill Green Pdf

Reprint of the first edition. Roscoe Pound recommended this book in The Study of American Law for its discussion of legal rights, powers, liberties, privileges and liabilities (38). Green [1836-1882], Professor of Moral Philosophy at Oxford University, was one of the most influential philosophers of the nineteenth and early twentieth centuries. Lectures on the Principles of Political Obligations is his most important work. Its object is to demonstrate, on the basis of his general moral philosophy, the ethical position of the state, in particular the extent to which moral authority is justifiable and obedience to law morally obligatory. Extracted from Volume II of The Works of Thomas Hill Green (1885), it went on to become a standard textbook on political theory in Great Britain and the United States. A durable work, it is still cited today.

Author : Daniel Matthews,Scott Veitch
Publisher : Routledge
Page : 272 pages
File Size : 54,6 Mb
Release : 2018
Category : Law
ISBN : 0203733487

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Law, Obligation, Community by Daniel Matthews,Scott Veitch Pdf

Against an ever-expanding and diversifying 'rights talk', this book re-opens the question of obligation from not only legal but also ethical, sociological and political perspectives. Its premise is that obligation has a primacy ahead of rights, because rights attach to practices and modes of being that are already saturated with obligations. Obligations thus lie at the core not just of law but of community. Yet the distinctive meanings, range and situations of obligation have tended to remain under-theorised in legal scholarship. In response, this book examines the sense in which we are multiply 'bound beings', to law and legal institutions, as much as we are to place, community, memory and the various social institutions that give shape to collective life. Sharing this set of concerns, each of the international group of scholars contributing to this volume traces the specificity of the binding force of obligations, their techniques and modes of expression, as well as their centrally important role in giving form to lawful relations. Together they provide an innovative and challenging contribution to legal scholarship: one that will also be of relevance to those working in politics, philosophy and social theory.

Author : Richard Dagger
Publisher : Oxford University Press
Page : 321 pages
File Size : 46,9 Mb
Release : 2018
Category : Law
ISBN : 9780199388837

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Playing Fair by Richard Dagger Pdf

"This book addresses two long-standing concerns of political and legal philosophy: the problems of political obligation and of punishment. Even though political obligation and punishment are often treated as independent topics and there are broad literatures on each, Richard Dagger sees them as closely related problems and attempts to resolve them together. Dagger first establishes the principle of fair play--the idea that citizens in a cooperative venture have obligations to each other to shoulder a fair share of the burdens because they receive a fair share of the benefits of cooperation--as the basis of political obligation. Dagger then argues that the members of a reasonably just polity have an obligation to obey its laws because they have an obligation of reciprocity or fair play to one another. This theory of political obligation then provides answers to fundamental and still debated questions about how to justify punishment, who has the right to carry it out, and how much to punish. He concludes by bringing the two concerns together to rebuke those who deny the possibility of a general obligation to obey the law, to defend the link between political authority and obligation, and to establish the proper scope of criminal law"--

Author : Christopher Wellman,John Simmons
Publisher : Cambridge University Press
Page : 128 pages
File Size : 49,8 Mb
Release : 2005-07-25
Category : Philosophy
ISBN : 9781316582961

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Is There a Duty to Obey the Law? by Christopher Wellman,John Simmons Pdf

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.