Law and Philosophy 23 (4):399-435 (2004)
AbstractAccording to William Edmundson, a legitimatepolitical authority is one that claims tocreate in its subjects a general duty ofobedience to the law, and that succeeds increating in its subjects a duty to obey stateofficials when they apply the law in particularcases. His argument that legitimate politicalauthority does not require the state''s claim tobe true rests on his analysis of legitimatetheoretical authority, and the assumption thattheoretical and practical authority are thesame in the relevant respects, both of whichare challenged here. In addition, Edmundsonfails to demonstrate that a general,content-independent, duty to obey officials whoadminister the law avoids the criticismsphilosophical anarchists pose to a general,content-independent duty to obey the law. Finally, Edmundson requires a legitimate stateto sincerely claim to create a generalduty to obey the law, yet he also argues thatin some cases the state ought to make literallyfalse claims regarding the particular dutiesincumbent upon its subjects. DespiteEdmundson''s recent efforts to reconcile thesetwo claims, the conflict remains
Added to PP
Historical graph of downloads
Similar books and articles
Raz's The Morality of Freedom: Two Models of Authority.Margaret Martin - 2010 - Jurisprudence 1 (1):63-84.
Kant on the State, Law, and Obedience to Authority in the Alleged 'Anti-Revolutionary' Writings.Kenneth R. Westphal - 1992 - Journal of Philosophical Research 17:383-426.
State of the Art: The Duty to Obey the Law.William A. Edmundson - 2004 - Legal Theory 10 (4):215–259.
Political Authority, Moral Powers and the Intrinsic Value of Obedience.William A. Edmundson - 2010 - Oxford Journal of Legal Studies 30 (1):179-191.
Philosophical Anarchism and Political Disobedience.Chaim Gans - 1992 - Cambridge University Press.
Legitimate Authority Without Political Obligation.William A. Edmundson - 1998 - Law and Philosophy 17 (1):43 - 60.
References found in this work
No references found.