Political And Legal Obligation, Pàgina 769

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James Roland Pennock, John William Chapman
Transaction Publishers, 2017 - 455 pàgines

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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Pàgines seleccionades

Continguts

In Defense of Obligation
33
Obligation and Obedience
43
Obligation Political Legal Moral
52
Obligation Ideals and Ability
86
Obligation Political and Moral
113
The Moral Foundations of Political Obligation
139
OBLIGATION AND THE CONDITIONS OF OBEDIENCE
174
Constitutional Obligation
176
Rome Fides and Obsequium Rise and Fall
226
Political Obligation and Collective Goods
260
CIVIL DISOBEDIENCE
288
A Contextual Approach to Disobedience
329
Some Truths and Untruths about Civil Disobedience
367
Political Alienation and Military Service
398
Political Change through Civil Disobedience in the USSR and Eastern Europe
418
Gandhis Synthesis of Indian Spirituality and Western Politics
437

On Feeling Obligated to Do What a Constitution Requires
211
Causes and Effects of Constitutional Compliance
216

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Pàgina xvii - Let reverence for the laws be breathed by every American mother to the lisping babe that prattles on her lap; let it be taught in schools, in seminaries, and in colleges; let it be written in primers, spelling books, and in almanacs; let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice. And, in short, let it become the political religion of the nation...
Pàgina xv - This legislative is not only the supreme power of the commonwealth, but sacred and unalterable in the hands where the community have once placed it. Nor can any edict of anybody else, in what form soever conceived, or by what power soever backed, have the force and obligation of a law which has not its sanction from that legislative which the public has chosen and appointed ; for without this the law could not have that which is absolutely necessary to its being a law, the consent of the society,...
Pàgina xix - I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women. When it dies there, no constitution, no law, no court can save it. No constitution, no law, no court can even do much to help it. While it lies there, it needs no constitution, no law, no court to save it.

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