This book focuses upon the perennial question of the existence and nature of an obligation to obey the law. Leading writers have, at one time or another, emphasized considerations such as gratitude, 'divine ordering, ' prudence, contract, autonomy, and utility in seeking to justify, or to deny any justification for, some sort of obligation to obey the positive law. The book provides relevant selections from a sampling of the historical approaches to legal obligation taken by writers such (...) as Plato, Augustine, Aquinas, Hobbes, Locke, Hume, Rousseau, Thoreau, Bentham, Marx and Engels, and Martin Luther King, Jr. These classical discussions are augmented by critical questions and commentary, by independent discussions of the question of legal obligation by a wide range of contemporary writers, and by relevant judicial cases discussing matters such as conscientious objection and civil disobedience. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of (...) preempting the citizen‟s liberty to reciprocate fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko‟s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available. This theory is then extended into a developed 'multiple principle' theory of obligation.

Does one have special obligations to support the political institutions of one’s own country precisely because it is one’s own? In short, does one have political obligations? This book argues for an affirmative answer, construing one’s country as a political society of which one is a member, and a political society as a special type of social group. The obligations in question are not moral requirements derived from general moral principles. They come, rather, from one’s participation (...) in a special kind of commitment: a joint commitment. This theory is referred to as the plural subject theory of political obligation since, by the author’s definition, those who are party to any joint commitment constitute a plural subject of some action in a broad sense of the term. Several alternative theories are compared and contrasted with plural subject theory, with a particular focus on the most famous — actual contract theory — according to which membership in a political society is a matter of participation in an agreement. The book offers plural subject accounts of both social rules and everyday agreements, and includes discussion of political authority and punishment. (shrink)

Political obligation is concerned with the clash between the individual's claim to self-governance and the right of the state to claim obedience.

Current scholars generally view political obligations as "content independent." Citizens have moral reasons to obey the law because it is the law, rather than because of the content of different laws. However, this position is subject to criticism on both theoretical and practical grounds. The main consideration in favor of content independence, the so-called "self-image of the state," does not actually support it. Properly understood, the state's self-image is to comply with laws because of the underlying moral reasons that (...) justify them, rather than because they are laws. Because content independence has played a central role in the widespread belief that a suitable theory of political obligation is not possible, rejecting it allows the possibility of a theory that establishes moral requirements for virtually all citizens to behave in accordance with virtually all laws, although these requirements are particular to different laws, and subjects are not required to obey them because they are laws. (shrink)

Political obligation is concerned with the clash between the individual’s claim to self-governance and the right of the state to claim obedience. It is a central and ancient problem in political philosophy. In this authoritative introduction, Dudley Knowles frames the problem of obligation in terms of the duties citizens have to the state and each other. Drawing on a wide range of key works in political philosophy, from Thomas Hobbes, John Locke, David Hume and G. (...) W. F. Hegel to John Rawls, A. John Simmons, Joseph Raz and Ronald Dworkin, Political Obligation: A Critical Introduction is an ideal starting point for those coming to the topic for the first time, as well as being an original and distinctive contribution to the literature. Knowles distinguishes the philosophical problem of obligation - which types of argument may successfully ground the legitimacy of the state and the duties of citizens - from the political problem of obligation - whether successful arguments apply to the actual citizens of particular states. Against the anarchist and modern skeptics, Knowles claims that a plurality of arguments promise success when carefully formulated and defended, and discusses in turn ancient and modern theories of social contract and consent, fairness and gratitude, utilitarianism, justice and a Samaritan duty of care for others. Against modern communitarians, he defends a distinctive liberalism: ‘the state proposes, the citizen disposes’. (shrink)

Political obligation refers to the moral obligation of citizens to obey the law of their state and to the existence, nature, and justification of a special relationship between a government and its constituents. This volume in the Contemporary Anarchist Studies series challenges this relationship, seeking to define and defend the position of critical philosophical anarchism against alternative approaches to the issue of justification of political institutions. The book sets out to demonstrate the value of taking an (...) anarchist approach to the problem of political authority, looking at theories of natural duty, state justification, natural duty of justice, fairness, political institutions, and more. It argues that the anarchist perspective is in fact indispensable to theorists of political obligation and can improve our views of political authority and social relations. This accessible book builds on the works of philosophical anarchists such as John Simmons and Leslie Green, and discusses key theorists, including Rousseau, Rawls, and Horton. This key resource will make an important contribution to anarchist political theory and to anarchist studies more generally. (shrink)

The moral principle of fairness or fair play is widely believed to be a solid ground for political obligation, i.e., a general prima facie moral duty to obey the law qua law. In this article, I advance a new and, more importantly, principled objection to fairness theories of political obligation by revealing and defending a justificatory gap between the principle of fairness and political obligation: the duty of fairness on its own is incapable of (...) preempting the citizen’s liberty to reciprocate fairly in ways other than obeying the law. This justificatory gap is unaffected by the ongoing debate between the voluntarist and the nonvoluntarist accounts of fairness, and it cannot be bridged by the two arguments that are perhaps implicit in Klosko’s account, namely the presumptive benefits argument and the democratic procedure argument. (shrink)

_A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history_ This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the fact (...) that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

It is claimed by philosophers as diverse as Burke, Walzer, Dworkin, and MacIntyre that our political obligations are best understood as "associative" or "communal" obligations--that is, as obligations that require neither voluntary undertaking nor justification by "external" moral principles, but rather as "local" moral responsibilities whose normative weight derives entirely from their assignment by social practice. This paper identifies three primary lines of argument that appear to support such assertions: conceptual arguments, the arguments of nonvoluntarist contract theory, and communitarian (...) arguments (which emphasize both an "identity thesis" and a "normative independence thesis"). However, each of these lines of argument fails to show that political obligations are associative obligations. (shrink)

In the first section the problem of political obligation is motivated, and in Section 2 the core structure of the problem is laid bare. A recognition ofthis structure prompts reflection that the problem will appear very different to different thinkers, depending on their moral theories. It also invites the speculation that the problem will be incapable of solution on some moral theories while trivial on others. This polarity does reflect the state of much of the literature until fairly (...) recently. However this picture is seen to be too crude, and in the third section it is shown how an interesting solution has been proposed by advocates of the ‘theory of fairness’. In Section 4 this theory is evaluated, concentrating particularly on George Klosko’s version, which is, in part, rejected. However it is argued that no version of the theory is able to guarantee universal political obligations. In Section 5 it is argued that this is an unnoticed advantage of the theory, for it may well be that, morally at least, we should allow those who do not benefit from the existence of the state to escape political obligations. The consequences of this view are examined and found not to be as threatening as they might first have appeared. (shrink)

Christopher Wellman is the strongest proponent of the natural-duty theory of political obligations and argues that his version of the theory can satisfy the key requirement of ; namely, justifying to members of a state the system of political obligations they share in. Critics argue that natural-duty theories like Wellman's actually require well-ordered states and/or their members to dedicate resources to providing the goods associated with political order to needy outsiders. The implication is that natural-duty approaches weaken (...) the particularity requirement and cannot justify to citizens the systems of political obligation they share in. I argue that the critics’ diagnosis of natural-duty approaches is correct, whereas the proposed implication is false. I maintain that 1) only natural-duty approaches can justify political obligations, and that 2) weakening the particularity requirement contributes to the theory's ability to justify a range-limited system of political obligations among compatriots. (shrink)

The concept of political obligation has not attracted much attention within Heideggerian scholarship. In this paper, we identify and explicate Heidegger’s conception of political obligation embedded in his pre-Kehre works. It will be argued that Heidegger’s magnum opus Being and Time and his address as Rector of Freiburg contain a latent associative account of political obligation. We argue that the ontological framework disclosed in Being and Time and the more concrete policy prescriptions of the (...) Rectoral Address reveal a communitarian ethos which animates the early Heideggerian canon and grounds his account of political obligation. For Heidegger, Dasein must be connected to a particular community’s ontological heritage in order to delimit its ontical possibilities in concrete situations. It will be argued that this relationship between ontological heritage and ontical possibilities is what defines political obligation for Heidegger. (shrink)

The paper is organized around two major, but closely interconnected goals. First, the paper’s principal aim is to offer a normative theory of political obligations that is based on certain insights of philosophical anarchism, theories of associative obligations and political realism. Second, the paper aims to offer a normative theoretical framework to examine political obligations in contemporary non-democratic contexts that does not vindicate non-democratic regimes and that does not exclude political obligations from the terrain of moral (...) normativity. The theory of political obligations this paper proposes can be briefly summarized as follows: political obligations are duties of compliance with the political authority claims of those who exercise political power. Their primary ground is membership. The mere fact of membership has moral weight in its own right and it is also inseparably embedded into a rich context of moral reasons for action that includes general reasons; ad hoc reasons; regime-specific reasons applying to every subject; and regime-specific offices that attribute specific responsibilities to individuals and groups. This rich context of typical moral reasons plays an important role in deciding what needs to be done, all things considered, with respect to the political authority claims. This account attempts to describe compliance in terms of genuine political obligations and also claims to be a plausible and general account. It does not claim to be a theoretically coherent moral justification for political obligations, however, just a theoretically coherent account of the varied sources and limitations of political obligations. (shrink)

P.J. Markie tries to solve the so-called particularity problem of natural duty accounts of political obligation, a problem which seems to make natural duty accounts implausible. I argue that Markie at best “dissolves” the problem: while his own natural duty account of political obligation still does not succeed in ensuring particularity, this is not an implausible but an entirely plausible implication of his account, thanks to the weakness of his concept of political obligation. The (...) price for this, however, is that his approach has little to do with political obligation and the particularity problem as discussed in the literature. (shrink)

A compelling set of lectures on political obligation that contributes to ongoing debates in political theory and intellectual history This stimulating collection of lectures by the late Judith Shklar on political obligation is paired with a scholarly introduction that offers an overview of her life, illuminates the connections among her teaching, research, and publications, and explains why her lectures still resonate with us and contribute to current debates in political theory and intellectual history.

Natural duty theorists of political obligation try to base a moral duty to obey the law on some natural duty, such as the duty to promote justice. Their critics say they confront an insurmountable obstacle in the particularity problem: Since natural duties do not bind us to some persons and institutions more strongly than to others, they cannot support a duty to one particular state or society. I solve the particularity problem, by developing a version of the (...) class='Hi'>political obligation thesis, giving a natural duty argument for it and showing that the particularity problem does not arise for the argument. I reply to some likely objections to my view. (shrink)

The prelims comprise: The Basic Concepts The Philosophical Problem Brief History Socrates and the Three Strategies Particularity and Natural Duty Accounts Associative Accounts Transactional Accounts Pluralist and Anarchist Responses Bibliography.

This is the first in-depth study of popular attitudes towards political obligations and how these are viewed by the state. Leading political theorist George Klosko provides a full defense of a theory of political obligation based on the principle of fairness, which is widely viewed as the strongest theory of obligation currently available.

Contemporary debates on obedience and consent, such as those between Thomas Senor and A. John Simmons, suggest that either political obligation must exist as a concept or there must be natural duty of justice accessible to us through reason. Without one or the other, de facto political institutions would lack the requisite moral framework to engage in legitimate coercion. This essay suggests that both are unnecessary in order to provide a conceptual framework in which obedience to coercive (...) political institutions can be understood. By providing a novel reading of Hobbes’s Leviathan, this article argues that both political obligation and a natural duty to justice are unnecessary to ground the ability of political institutions to engage in legitimate coercion. This essay takes issue with common readings of Hobbes which assume consent is necessary to generate obedience on the part of citizens, and furthermore that political obligation is critical for the success of political institutions. While the failure of the traditional Hobbesian narrative of a consenting individual would seem to suggest the Leviathan is indefensible as a project, this paper argues that the right of war in the state of nature was more central for Hob- bes’s understanding of political institutions than obligation. Furthermore, Hobbes provides an adequate defense of political institutions even if his arguments about consent, obligation and punishment are only rhetorical. In this way Hobbesian law is best understood as a set of practical requirements to avoid war, and not as moral requirements that individuals are bound to comply with. Thus Hobbesian political institutions are not vulnerable to contemporary philosophical anarchist criticisms about political obligation and political institutions as such. To develop this reading, I focus primarily on the Leviathan, including interpretations by Skinner, Kateb, Flathman, and Oakeshott. Ultimately, this argument provides insight into contem- porary political institutions of the state, citizenship, criminality, and the law in a world where political obligation has not been adequately justified. (shrink)

George Klosko rejects the standard assumption that political obligations, at least insofar as they are conceived as moral requirements to obey the law, must be content-independent. He thereby neglects the familiar distinction between obedience to and mere compliance with legal norms. The present article insists on this distinction by identifying a plausible alternative to the understanding of content-independence that Klosko correctly, even if not for the most obvious reason, dismisses and mistakenly, though not unreasonably, attributes to several philosophers with (...) whose work it is actually incompatible. Given Klosko’s failure to examine this further option, which is consistent with nearly all, including skeptical, theories of political obligation, his case against the necessity of content-independence must be deemed unsuccessful. (shrink)

This paper examines Laura Valentini’s attempt to explain political obligations through her account of social norms, her ‘Agency-Respect View’ (ARV). A great strength of ARV is preserving the ‘content-independence’ of political obligations. However, ARV does not mesh well with the moral phenomenology of political obligations. ARV is able to generate moral requirements that are strikingly weak. Accounting for the far stronger moral force of requirements to obey the law requires appealing to law-independent considerations. Valentini’s account of these (...) factors suggests greater explanatory force of an alternative view she dismisses, to which she refers as the ‘deflationary view.’ In addition, among alternative theories that Valentini rejects is one based on the principle of fair play. I respond to Valentini’s criticisms, thereby demonstrating the continuing applicability of fair play. (shrink)

This article aims to provide some insight into the nature and content of the theory of associative political obligation. It does this by first locating the view in the wider debate on political obligation, analyzing the view in terms of four central elements that are shared by many of its versions, and then discussing important criticisms that have been made of each of these, as well as some rejoinders by defenders of the theory.

While we generally take it for granted that governments should provide social welfare and other benefits to their citizens, justification of these services depends on special moral requirements people owe to their compatriots, as opposed to inhabitants of other countries, who may be far more needy. While widely discussed defenses of compatriot preferences can be seen to be flawed, the latter may be justified through a public goods argument. Security and other public goods are not only necessary for acceptable lives (...) but are provided through the cooperative activity of compatriots, coordinated and enforced by the state. Because the necessary public goods require general cooperation throughout society, all individuals who are required to comply should have rights to participate in decisions about the form in which they are provided. Because these political rights must be substantive rather than merely formal, they justify requirements of distributive justice and so compatriot preferences. (shrink)

The principle of fairness is a moral principle which states that individuals are under an obligation to contribute towards beneficial cooperative projects. It has been appealed to in arguing that citizens are obligated to pay for public goods that their government supplies. Yet the principle has faced a number of powerful objections, most notably those of Robert Nozick. In responding to some of these objections, proponents of the principle have placed a number of conditions on its application. However, by (...) doing so, they have reduced the number of public goods that the principle can explain obligations to contribute towards, and consequently limited its relevance to questions of political obligation. I argue here that a more permissive version of the principle, with fewer conditions on its application, will perform equally well in responding to Nozick's objections. This opens up the possibility of a theory of political obligation that relies more heavily on the principle of fairness than has previously been thought possible. (shrink)

This article adopts the framework set out in ‘Associative Political Obligations’ to ask two further questions about the theory of associative political obligation. (i) Which of the different interpretations of the theory of associative political obligation is most plausible? And (ii) what would be the implications of such a view? It is argued that (i) the most attractive version of the argument is one according to which such obligations obtain only in morally acceptable communities, and (...) only between what may be called ‘thick’ members. And (ii) that such a theory should give up on at least some of the conclusions that associativist theorists have tried to defend, such as that associative political obligations can establish the legitimacy of states. However, it is also suggested that this should not be considered a regrettable retreat. (shrink)

In the recent debate on political legitimacy, we have seen the emergence of a revisionist camp, advocating the idea of ‘legitimacy without political obligation,’ as opposed to the traditional view that political obligation is necessary for state legitimacy. The revisionist idea of legitimacy is appealing because if it stands, the widespread skepticism about the existence of political obligation will not lead us to conclude that the state is illegitimate. Unfortunately, existing conceptions of ‘legitimacy (...) without political obligation’ are subject to serious objections. In this article, I propose a new conception of ‘legitimacy without political obligation,’ and defend it against various objections that the revisionist idea of legitimacy is either conceptually or morally mistaken. This new conception of legitimacy promises to advance the debates between anarchists and statists by making the task of philosophical anarchists significantly more difficult. (shrink)

This paper examines the claim that justice is necessary for a moral obligation to obey the law. By reflecting on the meaning of obedience, it identifies one version of the claim that must be right and another that must be wrong. It then focuses on the argument for a moral obligation to obey the law that most obviously includes the claim: John Rawls’s argument from the natural duty of justice. More specifically, it focuses on the degree of justice (...) that is needed for this duty to ground a moral obligation to obey the law. (shrink)

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, he asks, are we morally bound to obey the law and support the political institutions of our countries?

Analyses Green's rather obscure treatment of two important questions: ‘Why does a subject have the duty to obey the ruler or sovereign?’; and ‘Why is the receipt of an order backed by a threat sufficient to establish this duty when the order comes from a ruler?’ Prichard considers Green's position regarding the grounds and justification for obedience to law to be part of a larger theory of moral obligation that is inconsistent with our ordinary moral ideas. To Green's seeming (...) denial of the existence of any natural rights or duties, Prichard responds that Green in fact has failed to state a sense in which there really are natural rights and obligations. Moreover, Green's denial that we can answer the question ‘Why ought we to obey the government?’ can be formulated only by maintaining the existence of an obligation independent of our government's commands. The core of truth in Green's position, according to Prichard, lies in his recognition that a factor necessary to secure obedience is the subject's unselfish interest in the welfare of other members of her community. (shrink)

IntroductionAssociative theories of political obligation offer a fresh alternative to approaches such as social contract theory, fair play, and the natural duty of justice. Few suggestions in ethics are more intuitive than the idea that we have special obligations to our family and friends, just in virtue of our relationships with them, and it is reasonable that obligations to political society are also grounded through association.A basic question for associative theories is to explain how associations give rise (...) to obligation, but here there is a common error. Many associative theorists and their critics take this question to be equivalent to the question: what distinguishes associations that are morally acceptable from those that are not? The assumption is that associations which are morally acceptable are those that give rise to obligations. However, this assumption is wrong in two ways. Associations that have some unacceptable features may still give rise to obl .. (shrink)

This essay presents a new way of conceptualizing the problem of political obligation. On the traditional ‘normativist’ framing of the issue, the primary task for theory is to secure the content and justification of political obligations, providing practically applicable moral knowledge. This paper develops an alternative, ‘pragmatist’ framing of the issue, by rehabilitating a frequently misunderstood essay by Hanna Pitkin and by recasting her argument in terms of the ‘pragmatic turn’ in recent philosophy, as articulated by Robert (...) Brandom. From this perspective, the content and justification of political obligations cannot be determined in a way that is in principle separable from their application. This casts ‘political obligation’ not as a problem to be philosophically resolved, but as a political predicament that calls for a kind of practical engagement. The merit of this perspective is to draw our attention toward the conditions under which the problem appears as a lived predicament. (shrink)

RESUMO O artigo examina a função da noção de obrigação política no pensamento do filósofo italiano da política e do direito Alessandro Passerin d’Entrèves (1902-1985), especialmente em sua relação com o regime democrático e as formas de resistência por parte dos cidadãos. Pela análise dos principais argumentos do autor a esse respeito, o artigo procura demonstrar a flexibilidade do conceito de Estado do autor e a importância da filosofia enquanto ponto de intersecção entre a moral e o direito, constituindo-se como (...) instrumento de abordagem fenomenológica das formas de associação humana. (shrink)

University of Calgary, Canada and Tel Aviv University, Israel mkeren{at}ucalgary.ca ' + u + '@' + d + ' '//--> Stacy Nyikos University of Tulsa, USA stacy-nyikos{at}utulsa.edu ' + u + '@' + d + ' '//--> Although questions of political obligation have been much discussed by scholars, little attention has been paid to moral reasons advanced by actual states to justify the compliance of their subjects. We examine the `self-image of the state' through Supreme Court decisions in (...) the USA, Germany, and Israel. Because moral reasons are expressed especially clearly in cases regarding obligations to provide military service, we focus on these. In spite of their important constitutional and judicial differences, the three states support military obligations along similar lines, though with some differences. In all three countries, appeal is made to obligations of reciprocity. Individuals must serve in order to provide the important benefit of defense. This `service conception' of political obligation accords norms of fairness or equality a central role, in order to justify the service of particular individuals. Reasons for less emphasis on fairness in Israeli cases are examined, while we claim that the overall similarities of the three countries provide some measure of indirect support to a theory of political obligation based on the principle of fairness. Key Words: political obligation • military service • fairness • principle of fairness • liberalism • state. (shrink)