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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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The Duty to Obey the Law - Selected Philosophical Readings (Hardcover)
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The Duty to Obey the Law - Selected Philosophical Readings (Hardcover)
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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.
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