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Switch to: References
Citations of:
Obligations
In Jules Coleman & Scott J. Shapiro (eds.), The Oxford Handbook of Jurisprudence & Philosophy of Law. Oxford University Press (2002)
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In this paper, I examine the terms on which John Simmons rejects all arguments for a moral obligation to obey the law and so defends “philosophical anarchism.” Although I accept his rejection of several criteria on which others might and often do insist, I criticize his reliance on the conditions of “generality” and “particularity.” In doing so, I propose an alternative to his influential conception of legitimacy. |
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In this paper, I respond to what is currently the most significant criticism of the principle fair play as a basis for political obligations. In a series of cases in which obligations appear to be established by fair play, important scholars contend that the moral principle at work is not fair play but a natural duty of justice to provide essential benefits to other people. Such natural duty accounts strikingly ignore requirements of reciprocity, to make appropriate return for benefits received. (...) |
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This paper addresses the relationship between law and coercive force. It defends, against Frederick Schauer's contrary claims, the following propositions: The force of law consists in three things, not one: the imposition of duties, the use of coercion, and the exercise of social power. These are different and distinct. Even if coercion is not part of the concept of law, coercion is connected to law many important ways, and these are amply recognized in contemporary analytic jurisprudence. We cannot determine how (...) |
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Legal rationalist: law claims to give its subjects reasons for action. Normative reasons intuition: Reasons for action being key, the obvious way to establish that law makes a practical difference in people's deliberations is by arguing that the law claims to give reasons for action to its subjects. Explanatory Reasons Intuition: "And while it is possible to be confused about our normative reasons, it seems unlikely that everyone is confused all the time; so the fact that people consistently take the (...) |
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According to a recent wave of work by legal anti-positivists, legal norms are a subset of moral norms. This striking “one-system” view of law has rapidly become the dominant form of anti-positivism, but its implications have so far been little tested. This article argues that the one-system view leads systematically to untenable conclusions about what legal rights and obligations we have. For many clear legal norms, the view lacks the resources to explain the existence of corresponding moral norms. And its (...) |
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