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Political and Legal Obligation (Paperback, 1st pbk. print)
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Political and Legal Obligation (Paperback, 1st pbk. print)
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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 centuries of existence without
a police force, and the ultimate breakdown of the system. Against
the background of the thinking of Hobbes, Hume, Rousseau, and
particularly Aristotle, the final essay in this section propounds
the theory that any specific form of government has a direct
bearing on the obedience of those governed. Part III highlights
ethical considerations that arise out of civil disobedience. The
first essay proposes a rather restrictive definition of civil
disobedience, and then embarks on a surprising examination of his
subject in the light of the traditional arguments for "just war."
Following that a broader examination of disobedience, emphasizing a
contextual approach and applying as a test the likelihood of public
good that will result from disobedience is explained in the second
paper. The third, points out the inadequacy of many traditional
tests and definitions of civil disobedience, and warns against
possible oversimplification that conceals significant issues that
warrant exposition. While the forth evolves a theory that limits
the obligation of alienated residents. Immediately following this
the next essay explores civil disobedience in the unusual context
of the totalitarian regime. In the final chapter, the essays
consider the ideas and thought of Gandhi and their relevance to
Western politics. Scholars and students in the areas of law,
philosophy, and political science will find this volume a vital
addition to their libraries..
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